HomeMy WebLinkAboutPACKET Town Board 2004-11-23Prepared 11/19/04 The Mission of the Town of Estes Park ie to plan and provide A i ) reliable, hi0h-value services for our citizens, visitors, and employees. We tai<e great pride eneurind and enhancir10 the quality of life in our community by being 0ood stewarde of public 1 resources and natural eettine BOARD OF TRUSTEES - TOWN OF ESTES PARK Tuesday, November 23,2004 7:00 p.m. AGENDA PLEDGE OF ALLEGIANCE PUBLIC COMMENT (Please state your name and address) TOWN BOARD COMMENTS 1. CONSENT AGENDA (Approval of): 1. Town Board Minutes dated November 9,2004. 2. Bills. 3. Committee Minutes: A. Public Works, November 18,2004: 1. Budgeted Tractor Purchase, Bi-State Machinery, $16,650. 2. Municipal Building Rooftop Dish Lease with Estes Valley.Net. 4. Estes Valley Board of Adjustment, November 2, 2004 (acknowledgement only). 5. Estes Valley Planning Commission, November 16, 2004 (acknowledgement only). l A. PLANNING COMMISSION AGENDA (Approval of): Mayor Baudek: Open the Public Hearing for all Consent Agenda Items. If the Applicant, Public or Town Board wish to speak to any of these consent items, they will be moved to the "Action Item" Section. 1. CONSENT ITEMS: 1. SUPPLEMENTAL CONDOMINIUM MAPS. A. Solitude 11 Condominiums, Unit 9, Supplemental Map #2, Lot 2, Solitude Subdivision, Crystal Creek Development, Inc./Applicant. 1 Continued on reverse side I.Wifed
11 , B. Park River West Supplemental Map XVI, Lots 1 and 2, Park River West Subdivision, Richard H. Wille TrusVApplicant. 2. ACTION ITEMS: 1. 2005 CVB MARKETING BOARD APPOINTMENTS. Business Development Dir. Pickering. . 2. MEMORANDUM OF UNDERSTANDING (AMENDED) BETWEEN THE ESTES PARK POLICE DEPT. AND THE ESTES PARK MEDICAL CENTER. Police Chief Richardson. 3. AMENDING MUNICIPAL CODE SECTION 5.20 BUSINESS LICENSING REGULATIONS FOR ACCOMMODATION UNITS AND VACATION HOMES. ORDINANCE #4-04. Town Attorney White and Community Development Dir. Joseph. 4. TOWN ADMINISTRATOR'S REPORT. A. 5. REQUEST TO ENTER EXECUTIVE SESSION: Conference with Town Attorney White for the purpose of receiving legal advice on specific legal questions under Section 24-6-402(4)(b) C.R.S. Motion: I move the Town Board go into Executive Session for a conference with Town Attorney White for the purpose of receiving legal advice on the underground storage tank matter, under C.R.S. Section 24-6-402(4)(b) NOTE: The Town Board reserves the right to consider other appropriate items not available at the time the agenda was prepared. NOTE: The Town Board meeting scheduled December 28, 2004 has been cancelled. 2
Town of Estes Park, Larimer County, Colorado, November 9,2004 Minutes of a Regular 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 9th day of November, 2004. Meeting called to order by Mayor John Baudek. Present: John Baudek, Mayor Susan L. Doylen, Mayor ProTem Trustees David Habecker Lori Jeffrey-Clark Chuck Levine Wayne Newsom Bill Pinkham Also Present: Randy Repola, Town Administrator Vickie O'Connor, Town Clerk Gregory A. White, Town Attorney Absent: None Mayor Baudek called the meeting to order at 7:00 p.m. and all desiring to do so, recited the Pledge of Allegiance. PUBLIC COMMENT None. TOWN BOARD COMMENTS Trustee Doylen announced a Veteran's Day Breakfast hosted by the American Legion and encouraged all to attend. Mayor Baudek congratulated the High School Bobcat Band in capturing the 2A State Marching Band Title, and Gary and Kris Hazelton who are marking their 4~h Anniversary of the Estes Park News. 1. CONSENT AGENDA (Approval of): 1. Town Board Minutes dated October 26, 2004, and Budget Study Sessions dated October 22 and 29,2004. 2. Bills. 3. Committee Minutes: A. Public Safety, October 28,2004: Municipal Court: 1. Municipal Bond/Fine Schedule - Policy Manual. Fire Dept.: 1. Dive/Rescue Truck Replacement (see Action Item #1 below).
Board of Trustees - November 9,2004 - Page 2 B. Community Development, November, 2004: Community Development Dept.: 1. 2003 International Codes - Motion scheduling Public Hearihg on December 14, 2004 for adoption of the 2003 International Codes. 2. Vacation Home and Condominium Complex Business Licensing (Ordinance consideration/adoption scheduled 11/23/04). 4. Estes Park Housing Authority, October 13,2004 (acknowledgment only). 5. Motion: Resolution #15-04 - Intent to Annex Brookside Addition, and schedule public hearing on December 14, 2004. It was moved and seconded (Doylen/Habecker) the consent agenda be approved, and it passed unanimously. 2. ACTION ITEMS: 1. DIVE/RESCUE TRUCK REPLACEMENT - FIRE DEPT. Fire Chief Dorman reviewed his memorandum dated November 4, 2004. The Public Safety Committee considered the truck purchase and requested clarification of the financing options for the 2005 Ford F-550 Dive/Rescue Truck for $110,743. The purchase is a 50/50 cost share between the EPVFD and the Town. Option one is a 4-yr. lease purchase with the first payment beginning in 2005; Option two is to internally finance the truck from the Vehicle Replacement Fund. Difference in bids was discussed as well as comparison of a truck recently purchased by the Loveland Fire Dept. Town Administrator Repola commented on cost comparisons and used vehicles relative to concerns with transporting persons/safety; financing will be lower than anticipated pursuant to the truck receipt expected in ten months, and staff desires the flexibility to make a financing decision in 2005 as a cost savings of approximately $5-7,000 in interest could be realized. It was moved and seconded (Pinkham/Newsom) the bid in the amount of $110,743 submitted by Front Range Fire Apparatus/Pierce Fire Apparatus be accepted, with staff to determine the selected funding option, disposing of the current truck at the Annual Larimer County Auction or donating it to another Fire Dept., and it passed unanimously. Trustee Pinkham noted that although it may appear items are quickly approved, prior to being presented and voted upon, staff and the Trustee Committees first undertake an incredible amount of work. 2. PUBLIC HEARING - 2005-2006 ELECTRIC RATE INCREASE - ADOPTION OF ORDINANCE #6-04. Mayor Baudek opened the Public Hearing, and Public Works Dir. Linnane reported that the proposed rate increase is based upon the recently completed rate study, and a 3.9% average increase in electric sales revenues in 2005 and 2006 will be achieved. John Gallagher/Black & Veatch prepared a 5-Yr. Financial Plan, Cost of Service Analysis, and Designed the Rates. Findings include: > Existing rates are insufficient to meet annual revenue requirements and maintain sufficient reserves throughout the 5-yr. study period (2005-2009). Without rate adjustments, annual deficits would average $500,000 through the study period and cash reserves should be depleted by 2008. > A 3.9% annual increase in 2005 and 2006 will allow revenues to meet annual revenue requirements and provide a small annual surplus in 2006. > Minimum reserves equal to 90 days operation and maintenance expense ($2.3 Million), plus one year of depreciation expense ($700,000) is being recommended ($3 Million).
Board of Trustees - November 9,2004 - Page 3 > Additional rate adjustments for 2007 through 2009 are recommended to meet annual revenue requirements, increase reserves to the suggested minimum levels and finance capital improvements including the Mary's Lake Substation Project. > Residential customers use an average of 500 kWh monthly, and the monthly utility bills would increase $4.05 in 2005 and $2.47 in 2006. A summary of Trustee questions and responses addressed: the significant reserve and examples of negative impacts, casualty insurance, proposed expansion (modernization) of the Mary's Lake Plant, load factors, Platte River Power Authority (PRPA), who has not raised their wholesale rates in 18 years, fuel cost factors, and the wisdom of previous Town Board members in forming PRPA for their municipalities. Audience comments were heard from Joann Van Vliet, 701 Wonderview Ave. (who owns the Estes Park Power Plant ), and Jay Heineman, 2650 Wildwood Dr. (appreciated staffs willingness to listen in amending the rates from those originally proposed, noted his concern with the substantial increase for the Residential Energy Time of Day Rate (heat storage) and percentage increase crawl). Trustee Doylen stated that the Board is aware that rate increases affect lots of people in a variety of ways and the Board does not take rate increases lightly; staff is held accountable, the storage heater policy is still reasonable, and appreciation was noted to staff for the rates being proposed which are a result of many discussions-the Board must support the electric utility as it is critical to all residents. Mayor Baudek reported that hydropower is the most reasonable power; however, should the draught continue, hydropower may not be available. Comments were also heard on wind power. Town Attorney White read Ordinance 6-04 and acknowledged the attachment (proposed 2005 and 2006 Light and Power Rate Schedules). Trustee Newsom reported he serves on the Utility Committee where the rate increase has been discussed, and Mr. Gallagher/Black & Veatch maintains a positive track record with their clients, including the Town, and he moved Ordinance 6-04 for the 2005-2006 Electric Rate Increase be approved. Trustee Levine seconded the motion, and it passed unanimously. Town Administrator Repola noted that continuing discussions to evaluate components to enhance operations, and efficiencies to reduce cost and effect on the system will be planned. 3. PUBLIC HEARING - 2005 BUDGET - ADOPTION. Mayor Baudek opened the Public Hearing, and Finance Officer Brandjord reviewed how the revenues are proposed to be expended in the ensuing fiscal year for the Highway User's Trust Fund. The following Resolutions were also presented and read aloud by Town Attorney White: A. Resolution #16-04 - Setting the Mill Levy (1.822 mills for 2005). There were no audience comments. B. Resolution #17-04 - Adopting the 2005 Budget. Pam McDonald/Radio Reading Service of the Rockies expressed her appreciation to the Board for past support, and gave a thorough overview of this non-profit volunteer based organization. Kay Lawson/circle of Friends Montessori School and Kathy Brown, 821 University Dr. noted their appreciation for the support of the School. Town Administrator Repola reported that all funding levels discussed
Board of Trustees - November 9,2004 - Page 4 for Community Services Agencies 10/29/04 were included in the 2005 Budget. ' C. Resolution #18-04 - Appropriating Sums of Money. Administrator Repola noted that the Board would be adopting the 2005 Budget this evening; the 2006 Budget is an approximation at this time. The expenditure for each fund was systematically reviewed. There being no further testimony, Mayor Baudek closed the Public Hearing, and it was moved and seconded (Doylen/Levine) the Highway Users Trust Fund and Resolutions 16, 17 and 18-04 be approved, and it passed unanimously. 4. TOWN ADMINISTRATOR'S REPORT. A. CVB. Relocation for the Convention and Visitors Bureau began late last week, and operations are continuing with significant assistance from the Ambassadors. Staff anticipates that with building repairs and cleaning, a friendly center will be provided until the new building in available late 2005. B. RMNP. In a news release, the Park advised that entrance fees are being increased from $15 to $20/vehicle (1-week pass), and from $30 to $35 for an Annual Pass effective January, 2005. Mayor Baudek noted that the Town Board meeting scheduled December 28,2004 has been cancelled, and he adjourned the meeting at 8:22 p.m. John Baudek, Mayor Vickie O'Connor, Town Clerk
RECORD OF PROCEEDINGS Town of Estes Park, Larimer County, Colorado, November 18, 2004 Minutes of a Regular meeting of the PUBLIC WORKS COMMITTEE of the Town of Estes Park, Larimer County, Colorado. Meeting held in the Municipal Building in said Town of Estes Park on the 18th day of November, 2004. Committee: Chairman Habecker, Trustees Jeffrey-Clark and Levine Attending: All Also Attending: Town Administrator Repola, Clerk O'Connor, Public Works Director Linnane, Fleet Mgr. Mahany, Public Works Office Mgr. Button Absent None Chairman Habecker called the meeting to order at 8:00 a.m. BUDGETED TRACTOR FOR PARKS DEPT. - REQUEST APPROVAL OF BID. The Parks Dept. Budget includes $28,000 for replacement of the 1986 tractor. Bids were as follows: Bi-State Machinery Co., Inc., Greeley 2004 JD Tractor w/front bucket, mower deck & snowplow $19,150 Less trade-in - 2,500 $16,650 Longs Peak Equipment Co., Longmont 2004 Tractor w/front bucket, mower deck & snowplow $20,063 Less trade-in - 1,800 $18,263 Longs Peak included two provisions for an equipment exchange program: upgrading the basic tractor only to a new tractor annually at a cost of $2,729/yr., or upgrading once every 2 years at a cost of $4,110. The Bi-State bid did not include a rollover agreement; however, if needed after 4 years, the engine in this tractor could be replaced for approximately $3-3,500 and still be more cost-effective than accepting the rollover agreement. Following discussion, the Committee recommends accepting the Bi-State Machinery bid in the amount of $16,650, adding the extended warranty for the additional estimated cost of $1,000 as determined by the John Deere Warranty Division. ESTES VALLEY.NET - MUNICIPAL BUILDING ROOFTOP DISH LEASE - REQUEST APPROVAL OF LEASE EXTENSION. Estes Valley.Net is requesting a one-year renewal of their existing lease for placement of the small rooftop antenna dish on the Municipal Building. The Committee recommends approval of the one-year extension as requested. VISITORS CENTER DESIGN/BUILD CONTRACT, PART I FOR PRELIMINARY GUARANTEED MAXIMUM PRICE. Town Administrator Repola reported that this item has been tabled and Basis Architecture has been advised that cost estimates as submitted are unacceptable. Staff and Basis will meet to further discuss the contract.
RECORD OF PROCEEDINGS , Public Works Committee - November 18, 2004 - Page 2 REPORTS. 1.' Trails: Fish Creek and Fall River Trail Projects. Construction start-up will most likely begin after the 1St of year, and staff will discuss re-appropriation of funds to the 2005 Budget with the Finance Dept. CDOT has advised that additional state funds are now available and staff will apply for funding for trails. Public Works Dir. Linnane and staff were commended for their expertise and networking with CDOT on applying for and obtaining federal grant funds. 2. CDOT Highway 34 Bridae Detour. The detour project has been extended four days and should re-open on November 22nd, 3. Street Sian Replacement Proiect. The Committee received an update and staff is awaiting an additional sign sample and firm cost estimates. Staff intends to install the two sample signs for public input prior to finalizing the scope of the project. 4. Miscellaneous. Mgr. Button reported on an Internet Training Class on Sidewalk Management held in the Board Room 11/17/04. Between 100-150 national municipalities participated and representatives from the Community Development, Streets and Parks Departments attended. In summary, staff intends to develop a Sidewalk Management Policy in the near future, and public input will be solicited. The Committee supports and encourages this type of cost-efficient training, and Director Linnane praised Mgr. Button for her effort. Chairman Habecker noted his appreciation to staff in suggesting a delay in the Visitors Center Contract and Street Sign Project as the best interests of the Town are being well served. Trustee Jeffrey-Clark called attention to the sand accumulation on Community Dr. at the cross*alldintersection near the School Campus. Director Linnane confirmed the Street Dept. will be advised and the situation will be remedied. There being no further business, Chairman Habecker adjourned the meeting at 8:29 a.m. Vickie O'Connor, CMC, Town Clerk
RECORD OF PROCEEDINGS Regular Meeting of the Estes Valley Board of Adjustment November 2,2004,8:00 a.m. Board Room, Estes Park Municipal Building Board: Chair Bill Horton, Members Chuck Levine, Wayne Newsom, Al Sager, Cliff Dill, and Alternate Jeff Barker Attending: Chair Horton, Members Sager, Dill, Levine, and Newsom Also Attending: Planner Chilcott, Planner Shirk, and Recording Secretary Roederer Absent: Director Joseph Chair Horton called the meeting to order at 8:00 a.m. The following minutes reflect the order of the agenda and not necessarily the chronological sequence. 1. CONSENT AGENDA The minutes of the August 3,2004 meeting. 2. LOTS 17, 18, 19, & 20, HUPPS ADDITION BLOCK 6, 172 WEST ELKHORN AVENUE, APPLICANT: CARDINAL PROPERTIES, LLC - VARIANCE REQUEST FROM SECTION 4.4.C.1 OF THE ESTES VALLEY DEVELOPMENT CODE. Planner Chilcott reviewed the staff report. She stated that the property was purchased by the Estes Park Urban Renewal Authority (EPURA) in 2002 and there is a public/private partnership between EPURA and Cardinal Properties, LLC to develop the property. The development, including four retail units, an additional unit which may be used as a cultural arts facility, and upstairs residential units was tentatively approved by EPURA at their meeting on October 20, 2004. EPURA is continuing discussions with Cardinal Properties to finalize details, which may result in some redesign. The applicant requests a minimum setback of 3.5 feet from the West Elkhorn Avenue property line, a minimum setback of 5.8 feet from the Wiest Drive property line on the first floor, a minimum setback of zero feet from the Wiest Drive property line on the second floor, and a maximum setback of twenty-one feet from the Wiest Drive property line on the first floor. Planner Chilcott stated there are special circumstances associated with this lot that are not common to other lots in the "CD" zoning district. The minimum setback requirement was intended to provide space for a sidewalk between the edge of the asphalt and the building line. If the requested variance is granted for the West Elkhorn Avenue property line, there will still be room for a 17.5-foot sidewalk. The requested variance to the maximum sixteen-foot setback is to allow a recessed entranceway to the first floor which will not affect the continuity of the pedestrian storefront environment. Planner Chilcott noted that if the Wiest Drive variance is granted, there will still be room for the sidewalk along the Wiest Drive property line and two-way travel lanes accessing the parking lot to the south. EPURA's current plans are to maintain two-way access along the portion of Wiest Drive that borders this property. The portion of Wiest Drive » running parallel to Fall River will be a service-entry-only access. Main roads typically have twelve-foot-wide lanes; secondary roads typically have eleven-foot-wide lanes. Planner Chilcott noted that her original calculations were incorrect-when measured from the curb on the east side of Wiest Drive, the variance allows for an eight-foot- wide sidewalk and proposed travel lanes approximately 10.4 feet wide, not eleven feet wide. She stated that the requested variance is not substantial and fits in with the West Corridor plan to redevelop this area. Planner Chilcott recommended an additional condition if the variance is approved-the sidewalk shall be a minimum width of eight feet along the Wiest Drive property line in order to provide adequate room for pedestrians. Affected property owners were notified and no comments were received. Affected agencies were notified; the Estes Park Sanitation District saw no problems and EPURA was supporlive. Al Wasson, Chair of EPURA, stated that the development is a public/private partnership and is integral to EPURA's West Corridor Plan. He stated that EPURA will be responsible for site improvements, including landscaping and streetscaping,
RECORD OF PROCEEDINGS Estes Valley Board of Adjustment 2 November 2,2004 which will conform to current EPURA standards. EPURA considers this an anchor point for this portion of the riverwalk, along with Performance Park. Wil Smith, Director of EPURA, stated that EPURA's goal was to develop a retail anchor for the site and that the adjacent streetscape and riverwalk are a top priority. He noted that Cardinal Properties has a good local track record. Board Member Levine questioned where residents of the second-floor units will park and whether they would be competing for parking spaces in the Wiest parking lot. Mr. Smith acknowledged that potential shopper parking will be used by the residents but noted that the Town's emphasis has been on mixed use of the downtown area to promote maximum diversity. Chair Horton stated that employees who work downtown also use parking spaces and those individuals park farther away because they do not need quick access to their vehicles. Steve Lane of Basis Architecture and Cardinal Properties, LLC stated that although complete plans showing pedestrian improvements and the Wiest Drive design were not available at the time of the meeting, EPURA is preparing these plans and would be responsible for the site work. He stated that with the completion of the western portion of the riverwalk, the sidewalk along Wiest Drive would be used less as the public used the riverwalk to access Elkhorn Avenue as well as the shops along the riverwalk. He noted that by AASHTO standards, two-way traffic with ten-foot-wide lanes rank a service level B on a scale of A to F. He stated that the recessed entry off Wiest Drive on the east side of the building will provide a larger space for people to spill into. Board Member Levine questioned how the loading area shown on the plan will be used. Mr. Lane noted that most parking by residents will be during off hours; those who will reside in the upstairs apartments will be able to pull in to the unloading area to drop off groceries, etc. That area will also be used as a loading zone for vehicle deliveries. Board Member Levine questioned whether the second floor of the building would overhang the sidewalk. Mr. Lane stated that the second floor is 11.5 feet above grade level and will overhang the sidewalk by three feet. Public Comment: Byron Hall, owner of the property directly east of the proposed development at 152 West Elkhorn Avenue, stated his concerns about large trucks hitting and damaging the building when turning the corner where the second-story setback is zero feet. He also stated his concerns about the river being narrowed in that area and questioned the setback provided in the plan. Board Member Levine stated that the overhang does not occur on the building until about halfway down the block, thus eliminating the concern that a truck turning the corner would catch the building. Chair Horton questioned whether the width of the river would be reduced. Mr. Smith stated that the river would be enhanced, not reduced, as it was for Performance Park. Board Member Sager stated his objection to the 5.8-foot variance request on Wiest Drive, noting that there would be conflict between motorized vehicles and pedestrians. He questioned why a variance should be allowed for smaller travel lanes rather than the standard twelve-foot travel lanes and how the plan provided for the safety of pedestrians. Mr. Lane stated that there would be a curb. Member Sager stated that the setback should be eight feet, rather than 5.8 feet, to allow the sidewalk to be continued entirely within the property lines and to allow for twelve- foot-wide travel lanes. Mr. Lane stated that there is sufficient room for both uses, which will be separated with a curb.
RECORD OF PROCEEDINGS Estes Valley Board of Adjustment 3 November 2,2004 It was moved and seconded (Newsom/Levine) to approve the variance setbacks as shown on the Riverspointe Development Plan and the motion passed. Those voting "Yes": Newsom, Levine, Horton, and Dill. Those voting "No": Sager. 1. Compliance with the approved Development Plan #04-10. 2. A registered land surveyor shall set the survey stakes for the foundation forms. After the footings are set and prior to pouring the foundation, the surveyor shall verify compliance with the variance and provide a setback certificate. 3. The sidewalk shall be a minimum width.of eight feet along the Wiest Drive property line in order to provide adequate room for pedestrians. 3. REPORTS Planner Shirk reported on the Loonsten variance approved on August 3, 2004. He stated that one condition regarding the setback certificate had been changed at the staff level. The county building official will verify the setback; a registered land surveyor has verified the property line. He noted that the foundation is on a skid and could therefore be moved if necessary. Board Member Sager stated that in regard to the variance granted in August for the property at 430 Prospect Village Drive, conditions of the variance have not been met. The fence has been moved but the furniture has not been taken in. Planner Chilcott stated that she will contact the code compliance officer and work with him on this issue. There being no further business, Chair Horton adjourned the meeting at 9:08 a.m. Bill Horton, Chair Julie Roederer, Recording Secretary
RECORD OF PROCEEDINGS Regular Meeting of the Estes Valley Planning Commission November 16, 2004, 1:30 p.m. Board Room, Estes Park Municipal Building Commission: Chair Homeier, Commissioners Wendell Amos, George Hix, Bill Horton, Betty Hull, Joyce Kitchen, and Edward Pohl Attending: Chair Homeier, Commissioners Amos, Hix, Horton, Kitchen, and Pohl Also Attending: Town Attorney White, Director Joseph, Planner Shirk, Planner Chilcott, Town Board Liaison Habecker present at study session, and Recording Secretary Roederer. Absent: Commissioner Hull Chair Homeier called the meeting to order at 1:30 p.m. 1. CONSENT AGENDA a. Estes Valley Planning Commission Minutes dated October 19, 2004. b. AMENDED PLAT, LOT 41 & 42, STANLEY HEIGHTS, 971 East Lane, Applicant: Harry & Frances Schroeder 1. The lot size of proposed Lot 41A shall be included. It was moved and seconded (Amos/Hix) that the Consent Agenda be accepted and it passed unanimously with one absent. 2. PUBLIC COMMENT None. 3. DEVELOPMENT PLAN 04-10, RIVERSPOINTE DOWNTOWN, LOTS 17, 18,19, & 20, HUPPS ADDITION BLOCK 6, TOWN OF ESTES PARK, 172 West Elkhorn Avenue, Applicant: Cardinal Properties, LLC Planner Chilcott reviewed the staff report. This is a development plan application to build a 20,592-square-foot, two-story building on the former site of Bob's Amoco at the corner of West Elkhorn Avenue and Wiest Drive. The proposed development will be a public/private partnership between the Estes Park Urban Renewal Authority (EPURA) and Cardinal Properties, LLC. This 0.379-acre lot is zoned "CD" Downtown Commercial. The first floor will contain four units with 3,889 square feet of retail space and one unit, owned by EPURA, with 4,720 square feet of space, which may be used for a cultural arts facility. An alternative use of EPURA's unit is to divide it into four retail rental spaces. The second floor will contain nine residential units-six studios and three one-bedroom units-ranging in size from 975 square feet to 1,045 square feet. Mixed use developments such as this are permitted and encouraged in the downtown area to enhance the vitality of the area and provide a variety of housing choices in the Valley. This is the first development proposed on Elkhorn Avenue to include residential uses on the second floor since the Estes Valley Development Code came into effect in 2000. Residential parking has been a concern of developers. The streetscape and riverfront pedestrian areas will be designed and completed by EPURA. EPURA's current plans are to maintain two- way access along the portion of Wiest Drive that borders this property. The portion of Wiest Drive running parallel to Fall River will be a service-entry-only access. Sidewalks with a width of 17.5 feet will be constructed fronting West Elkhorn Avenue, eight-foot sidewalks along Wiest Drive, and ten feet along Fall River, with a typical setback of seventeen feet from the river. At the November 2, 2004 Estes Valley Board of Adjustment meeting, the Board approved the variances to the eight- foot minimum front-yard setback requirements. The purpose of the eight-foot
RECORD OF PROCEEDINGS Estes Valley Planning Commission 2 October 19,2004 minimum setback is to provide space for public sidewalk. The variances will allow adequate room for sidewalks and will not affect the pedestrian storefront environment. Adjacent property owner, Byron Hall, has expressed concern about adequate truck-turning radius. CD zoning prohibits outside sales, use, or storage and these restrictions will apply to the 2nd floor balconies. Planner Chilcott noted that the trash collection area on the riverfront will be well screened. The air-conditioning unit and meters are also screened from view. The design meets the adequate public facilities requirements of an eight-inch sewer line and a four-inch water line. Design of the sidewalk and riverfront areas, as well as the transformer size and location, will be undertaken by EPURA and are not part of this review. Planner Chilcott noted that there are currently monitoring wells for benzene on the property as part of a corrective-action plan. These wells will be replaced by new groundwater test wells and venting will be installed to reduce any remaining benzene in the soil. Planner Chilcott recommended the inclusion of an additional condition for approval-that the Colorado Division of Oil and Public Safety approve the site prior to the issuance of a building permit. Steve Lane of Basis Architecture was present to represent the applicant. He reiterated that Cardinal Properties, LLC and EPURA are working together on this project and are coordinating the design to keep the mountain feel, using wood, stone, and glass. He noted that they will keep the loading area pedestrian-friendly and that reduction of the width of Wiest Drive will help slow traffic down and encourage its use as a pedestrian link. The trash area will be inside the building, inside double doors, and the electrical equipment will be hidden from view. Director Joseph questioned Mr. Lane about signage requirements. Mr. Lane noted that signage regulations will be written into the condominium declaration and that the signage will be placed under the balconies. Commissioner Pohl inquired about the retaining wall along the river. Mr. Lane stated that the wall will be removed and redone as part of the development. Chair Homeier inquired whether there will be curbing on Wiest Drive to protect the building owned by Byron Hall. Wil Smith, Director of EPURA, stated that although Mr. Hall's building extends to the edge of the property line, there will be a curb and pavers to help protect the building. He also noted that the Wiest Drive portion of the riverwalk will remain available for service acess and for access to private parking. The EPURA design will take turning radius concerns and access concerns into account. Commissioner Kitchen questioned whether there were requirements for new buildings in the downtown area to provide parking. Director Joseph noted that there are no current regulations regarding providing additional parking. Mr. Lane stated that EPURA will be redeveloping the Wiest parking lot to increase parking spaces and that residents of the building would be likely to use the parking lot during off-hours. Public Comment: None. It was moved and seconded (Horton/Amos) to approve the Development Plan 04-10, Riverspointe Downtown, Lots 17, 18, 19, & 20, Hupps Addition Block 6 and the motion passed unanimously with one absent and the following conditions. 1. Final development plan approval shall be contingent on staff review of the roof drainage. 2. The architectural elevations should show the trash area prior to final development plan approval.
' · RECORD OF PROCEEDINGS Estes Valley Planning Commission 3 October 19, 2004 3. EPURA plans for on-site improvements shall be provided for staff review and approval, as noted in Public Works' October 22, 2004 memo, prior to construction of the EPURA improvements. 4. Per Public Works memo of October 22, 2004, load calculations shall be provided to determine if a three-phase transformer is required prior to final development plan approval. 5. The loading area design shall be reviewed and approved by staff to ensure 4> that a continuous eight-foot-wide sidewalk is provided. 6. The Unit E square footage shall be clarified. Two different square footages are specified for the unit, 4520 and 4550 square feet. 7. No building permit shall be issued until a corrective action plan is approved by the Colorado Division of Oil and Public Safety and a copy of the approval is provided to the Town Public Works Department. 4. PRELIMINARY CONDOMINIUM MAP, RIVERSPOINTE DOWNTOWN, LOTS 17, 18,19, & 20, HUPPS ADDITION BLOCK 6, TOWN OF ESTES PARK, 172 West Elkhorn Avenue, Applicant: Cardinal Properties, LLC Planner Chilcott recommended that the Riverspointe Downtown Development Plan 04-10 serve as the Riverspointe Downtown preliminary condominium map, conditioned on approval of the Development Plan 04-10 because the preliminary condominium map requires compliance with the same adequate public facility standards with which the development plan must comply. Public Comment: None. It was moved and seconded (Amos/Hix) to recommend approval to the Town Board of Trustees the Preliminary Condominium Map, Riverspointe Downtown, Lots 17, 18, 19, & 20, Hupps Addition Block 6 and the motion passed unanimously with one absent and the following conditions. 1. Approval of Development Plan 04-10, Riverspointe Downtown. 2. Public pedestrian access and utility easements shall be granted and Fall River shall be dedicated fee simple to the Town with staff review and approval. 3. The condominium declaration shall address permitted uses on the balconies and shall be reviewed and approved by staff. 5. PUD 04-02, WORLDMARK BY TRENDWEST PUD, LOTS 1, 2, AND 3 AND OUTLOT A, TIMBERLANE SUBDIVISION AND A TRACT OF LAND LOCATED IN THE NE 1/4 OF THE NE 1/4 OF SECTION 35, T5, R73W OF THE 6TH P.M., BEING A PORTION OF LOT 7, SUMMERVILLA SUBDIVISION, 740 Moraine Avenue, 825 E. Riverside Drive, Applicant: Trendwest Resorts Planner Shirk reviewed the staff report. This is a request for a Planned Unit Development to redevelop an existing 64-unit accommodations site at Big Thompson Timberlane Lodge into a 66-unit accommodations site, all with kitchens. This is a request by Ankrom Moisan Architects, a Portland Oregon company, on behalf of Trendwest Resorts, a Seattle Washington-based company. A Planned Unit Development (PUD) is requested to facilitate this proposal. Therefore, this is a request to rezone the property to "CO", and to "overlay" a PUD development plan. In addition to these requests, the southern portion of the site is being annexed into the Town, and an amended plat to consolidate the lots will be filed. The applicant has requested to delay the amended plat until after completion of the project. The property fronts on both Moraine Avenue and Riverside Drive, with a bridge spanning
RECORD OF PROCEEDINGS Estes Valley Planning Commission 4 October 19,2004 the Big Thompson River. The majority of the property is currently zoned "A" Accommodations, with an undeveloped "CO" commercially zoned lot located along Moraine Avenue. The site totals 6.44 acres. The Town Clerk's office is currently processing an annexation request, which will be presented at the Estes Park Town Board meeting on December 14, 2004. This proposal requires height and setback variances to be granted by the Estes Valley Board of Adjustments. These applications are pending and are scheduled before the BOA on Tuesday, December 7,2004. Otherwise, this proposal complies with applicable requirements of the Estes Valley Development Code. Planner Shirk stated that under the ownership of Worldmark, the property will not be condominiumized; the property will continue to be taxed at the commercial rate. Worldmark anticipates high occupancy year-round. Planner Shirk stated that part of the development will occur in a mapped "alluvial fan" hazard area along the river and that foundations will be required to be engineered properly. This proposal has been forwarded to all applicable reviewing agency staff for consideration and comment. He noted that the accompanying landscaping plans exceeded the submittal requirements and received a favorable review from the Parks Department. Comments from the Colorado Division of Wildlife indicated that the development will not hinder wildlife in any way. Riprap and grassy swales will be used to filter water drainage from the site; this plan has the approval of the Public Works Department. The applicant has submitted information supporting reduced levels of parking requirements. Planner Shirk corrected the parking calculations shown in his staff report and noted that, per the Estes Valley Development Code, 96 parking spaces would be required; the applicant proposes 98 spaces. He also stated that, per Section 10.5.K3, no building permit will be issued until an improvement agreement has been executed. Planner Shirk noted that the applicant has included a 61-unit plan that will be used if the 66-unit PUD is denied by the Town Board. There is one lot on Moraine Avenue that is zoned "CO" and will be left vacant for future commercial development. Planner Shirk stated that a pedestrian trail will be dedicated along the river; the trail easement will be included with the amended plat. A letter of credit will be required to ensure compliance with this stipulation. The amended plat will combine all the lots into one with the exception of the commercial lot on Moraine Avenue. Commissioner Kitchen inquired whether a pedestrian path/hiking trail along Moraine Avenue would be required. Planner Shirk noted that it has been included in the site development plans. Director Joseph stated that the plan is in compliance with the Estes Valley Comprehensive Plan. Shawn O'Donahue from Ankrom Moisan Architects was present to represent the applicant. He stated that the development will be family-oriented and that new construction on the site will space the buildings out and provide landscaping between the buildings for privacy. The pending request for height variances on three of the buildings will apply to only the peak of the buildings to hide the view of the mechanical units from the road. There is also a pending variance request for another building to allow a stair tower to be built; the tower will be the only portion of the building that exceeds the height limit. Commissioner Homeier expressed his concerns regarding the possible denial of the variance requests. Wayne Helm, representing the owner of the property, Trendwest, was also present at the meeting. Public Comment: None. It was moved and seconded (Horton/ Amos) to recommend approval to the Town Board of Trustees the Planned Unit Development 04-02, WorldMark by Trendwest PUD, and Rezoning from "A" Accommodations to "CO"
RECORD OF PROCEEDINGS Estes Valley Planning Commission 5 October 19,2004 Commercial with the findings and conditions recommended by staff, and to approve the proposed 61-unit alternate development plan conditional to: 1. The Town Board denies PUD 04-02 2. The conditions set forth below and the motion passed unanimously with one absent and the following conditions. 1. Prior to issuance of the first building permit, the applicant shall submit an . agreement to merge" (subject to approval by the Town Attorney) and applicable filing fee. 2. The applicant shall, within three months of issuance of the final certificate of occupancy, submit an amended plat that will, at a minimum: a. Maintain PID 3526412003 (the commercial lot on Moraine) as a separate lot and combine the remaining lots; b. Dedicate a 10-foot trail easement along the south side of the Big Thompson River; c. Restrict access on Moraine Avenue to the existing point; d. Include the Moraine Avenue sign on the main lot; e. Address ROW width on Riverside Drive; and, f. Provide a drainage easement for surface ditch on Lot 3. 3. Per Section 10.5.K3, no building permit shall be issued until an improvement agreement has been executed. Improvements should include: parking lot and associated paving, sidewalks and trail, all required utilities, fire hydrants, as- built plans, required landscaping, landscaping warranty, future amended plat costs, replacement bridge, emergency crash gate. 4. The "public service easement" shall be vacated prior to issuance of any building permits. 5. The well located on the western portion of the property shall be abandoned prior to issuance of the first building permit. 6. Copies of applicable federal permits shall be submitted with first building and/or grading permit application. 7. The proposed emergency crash gate shall be subject to review and approval of the Fire Chief. 8. The foundations of new structures shall be designed in compliance with the submitted soils report. 9. Construction Plans shall be reviewed and approved by Estes Park Public Works prior to issuance of the first building permit. These shall include utilities, drives and retaining walls, erosion control plans, and root protection. 10. Compliance with memos from Upper Thompson Sanitation District (David Brand, October 15, 2004 and November 2,2004; and Ron Witt, October 20, 2004). 11. Compliance with Public Works' memo dated October 20, 2004. A "stormceptor" (or equivalent approved by the Town of Estes Park) be placed at discharge points. 12.A pedestrian trail shall be built along the Big Thompson River from the eastern property line to a point near the pool area. 13. The roadway intersection radius shall be 25 feet, and shown as such on the civil plans (Riverside Drive). 14.A revised grading plan shall be coordinated with the tree protection plan, include drainage arrows, and be stamped by a licensed engineer. 15.The Lot 3 site plan curb/gutter and 8-foot sidewalk location should be coordinated with the civil plans. 16. Lot 3 should be labeled as .61 acres, not 61 acres. 17. Per Appendix B, the following notes shall be included in the 'general notes" section: a. "All required improvements shall be completed or guaranteed prior to the issuance of a certificate of occupancy."
RECORD OF PROCEEDINGS Estes Valley Planning Commission 6 October 19, 2004 b. "The owner shall be required to provide for handicap accessibility in accordance with the A.D.A. and U.B.C." c. "Approval of this development plan creates a vested right pursuant to Article 68 of Title 24, C.R.S., as amended."1 18. Recommendation for approval of annexation. 6. AMENDED PLAT, LOT 2&3 SWEET MINOR SUBDIVISION AND A PORTION OF LOTS 11 & 12, WEST 1/2 OF SECTION 6, T4N, R72W OF THE 6TH P.M., 2930 Little Valley Road, Applicant: Jananne McPhearson & Elise C. Sweet Planner Shirk stated that the applicants have requested, in writing, postponement of their subdivision request for a period of two months. It was moved and seconded (Amos/Kitchen) to recommend to postponement of this item for two months, at the applicant's request, and the motion passed unanimously with one absent. 7. REPORTS Director Joseph spoke on the issue of vacation homes and business licenses, stating that the Community Development Committee met following a public evening meeting and made recommendations to be heard at the Town Board meeting on November 23, 2004. The recommendations include an eight-person limit to the number of occupants of a vacation home and the retention of the existing standard of no more than two persons per bedroom plus an additional two people. The committee recommends retaining the three-car limit for cars parked outside of a garage as well as retaining the language protecting the single-family character of neighborhoods in regards to traffic and noise levels. The requirement of licenses will be recommended. In a multi-family condominium setting, it will be permissible to pool multiple units under a single license if the units are located on the same site and are under the same rental management. The management may be on-site or off-site. The cost of the license will be a function of the number of units being pooled under that single license. Director Joseph noted that the committee received informal input from a number of sources on both sides of the issue and he feels this proposal is a good compromise. Town Attorney Greg White stated that the few licensed establishments that do not meet the eight-person and/or three-car maximum limits will be grandfathered under their current operation. Commissioner Pohl requested more information on the Tawney project, stating that the newspaper had portrayed the project as a "done deal". Director Joseph stated that the development plan application has not been submitted and is not expected soon. There being no further business, meeting was adjourned at 3:00 p.m. Richard Homeier, Chair Julie Roederer, Recording Secretary
Town of Estes Park Community Development Department Memo To: Honorable Mayor Baudek Board of Trustees Town Administrator Repola From: Bob Joseph, Director and Alison Chilcott, Planner 11 Date: November 18,2004 Subject: Solitude 11 Condominiums, Supplemental Condominium Map #2, Lot 2, Solitude Subdivision Background. The applicant, Crystal Creek Development, Inc., has submitted a supplemental condominium map application for Solitude 11 Condominiums. This consists of one unit, Unit 9 on Lot 2, Solitude Subdivision, addressed 1880 Sketch Box Lane. The lot is zoned "A" Accommodations/Highway Corridor and the use is accommodations. Residential uses are not permitted. This map and declaration do not reserve the right to develop additional units beyond those approved with Development Plan No. 02-09, expand units, or withdraw property from the association. An as-built plan is required once construction of improvements is completed. Development Plan No. 02-09 has been approved for ten resort lodge/cabins on this lot. This condominium map is consistent with the approved development plan with the exception of revisions to deck design. The Town Board approved the Supplemental Condominium Map #1 at the October 26,2004 Town Board meeting. 54 Budget. None. S'~ FY Lot 5 --,- Lot 4 Action. u,•NfOR' AVE \.11 / k / Approval of Solitude 11 Condominiums | SCHOOLS Lot 3 1 Supplemental Condominium Map # 2. 1 BROM 84- CROCKER RANCH - ID ltd/ 4-- - Lot 6 Lot 2 '9/ 4, Ad i COURSE Lot 1 VICINITY MAP <f~7 41" - 1,000' +/-
Town of Estes Park Community Development Department Memo To: Honorable Mayor Baudek Board of Trustees Town Administrator Repola From: Bob Joseph, Director and Alison Chilcott, Planner 11 Date: November 17,2004 Subject: Park River West Condominiums, Supplemental Condominium Map, Phase XVI, Lots 1 and 2, Park River West Subdivision, Richard H. Wille Trust/Applicant Background. Richard H. Wille Trust has submitted a supplemental condominium map application for Park River West Phase XVI. Phase XVI consists of two units, Units 615 and 617, Building 32, located on Lot 1, Park River West Subdivision. The site is adjacent to River Rock Condominiums on Moraine Avenue (CO Highway 36). Lots 1 and 2 of the Park River West Subdivision are zoned "RM" multi-family residential. The condominium map is consistent with the approved development plan with the exception of the proposed finished floor elevations. An as-built development plan is required once construction of improvements is completed. Location Map The Town Board approved a Supplemental / ' \ Condominium Map for Park River West Phase 4 XV at the September 28,2004 meeting. 8 Budget. Ce ar Ri ge Ci cle None. 00 d 2 0£4» 40. %%32 /4 0 Action. 0 Approval of the Supplemental Condominium f Map for Park River West Phase XVI. RI r PI. 1
Business Development Memo To: Honorable Mayor Baudek and Town Trustees From: Tom Pickering, Director of Business Development Date: November 19, 2004 Re: Estes Park Convention & Visitors Bureau 2005 Board Background: With the completion of its assignment, the 2004 CVB Marketing Board's final piece of business is to make a recommendation regarding the 2005 CVB Board. The CBV Board would like to recommend that the Town Board reappoints seven of the original 13 board members for a one year term to serve for 2005. This will continue the continuity that has been established in developing the policies to date, and ensure that the community continues to work with the Town Board setting the vision and direction of the new CVB in its first year of operation. The mission of the 2005 CVB Board will be to continue to create the policies that the CVB will operate by and make those recommendations to the Town Board for final approval. The following business and civic leaders have asked to serve a second term for 2005; Lee Lasson, Dorla Eisenlauer, Paul Holgorsen, Jerry Indermuehle, Cory Blackman, Chris Hill, Chair person Sue Doylen. Budget: N/A Action: Appoint the board as presented. 1
Estes Park Police Department Memo TO: The Honorable Mayor John Baudek and Boa,d of Trustees From: Lowell Richardson, Chief of Police > CC: Randy Repola, Town Administratdr- Date: November 19,2004 Reg Memorandum of Understanding with Estes Park Medical Center and Estes Park Police Department Background In 1992 the Estes Park Police Department and the Estes Park Medical Center entered into a Memorandum of Understanding agreement for exchange of services. 0.e., ambulance dispatch services and police assistance with medical calls for se,vice in exchange for adjusted emergency room expenses associated with prisoner treatment not to exceed $4,000 annually). Based on the construct of this MOU a review was initiated by police department staff to determine equity and economy of scale for the exchange of services currently in place. That review revealed current practices were not equitable, for example the Estes Park Police Department provides emergency dispatch services at an average cost of $21,000 per year. This results in a net expense of $17,000 per year for the Town of Estes Park. Based on this review it was deemed appropriate to revise the current MOU in an effort to gain greater equity on behalf of the Town of Estes Park. The revisions made to the MOU are: 1. Increase the cap to $8,000 annually for emergency room prisoner treatment. 2. Provide forensic sexual assault examinations. 3. Provide blood screens for DUI and drug cases. 4. Provide EMD training fordispatchers. Budget/Costs Net expense of $13,000 minus forensic examination expense and blood draws. Recommendations Staff recommends approving the revised MOU and recommends a review of this MOU bi- annually. 1
Memorandum of Understanding In recognition of the mutual benefits shared between the Town of Estes Park Police Department and the Estes Park Medical Center, the following exchange of services shall take effect once all signatories of the respective entities have agreed upon the contents of said document: A. As a Public Safety Answering Point (PSAP) and Radio Dispatch Center the Estes Park Police Department shall provide the following services: 1. Answer all incoming emergency and non-emergency phone calls for service and provide immediate radio dispatch services. These services shall be provided twenty-four hours a day seven days a week. 2. Provide basic 9-1-1 services, Enhanced 9-1-1 services and Reversed 9- 1-1 services (too include all costs associated with activating Reverse 9- 1-1) as required and within the appropriate scope of Estes Park Police Department policies and procedures. 3. Provide recordings of all relevant communication events for Estes Park Medical Center upon request. However, requests for recordings will require approval by the Support Services Manager or designee before being released. 4. Maintain and provide quarterly reports of all dispatch services provided to include dates, times, activity summary reports, type of call and location of each event. 5. Provide consistent standards of service and quality assurances that are solely the responsibility of the Estes Park Police Department and shall be maintained as required by professional accreditation standards and those adopted by the Estes Park Police Department. Any service needs specific to the Estes Valley Medical Center shall be managed through written request. Complaints regarding service provided by the Estes Park Police Department Communication Center for the Estes Park Medical Center shall be sent in writing to the Support Services Manager of the Estes Park Police Department. 6. The Estes Park Police Department shall provide "Emergency Medical Dispatch" trained personnel for all communication services. 7. The Estes Park Police Department shall provide assistance, on an as need basis, with traffic control, moving victims, First Responder Aid and other services routinely provided by Estes Park Police Officers. 8. The Estes Park Police Department shall respond to all requests made by ambulance staff and medical staff to assist with restraining, detention or custody of violent patients.
In reciprocation of services provided by the Town of Estes Park Police Department the Estes Park Medical Center shall provide the following services as uncollectible fees with a cap not to exceed $8,000.00 annually: 1. Provide blood screens for alcohol or drugs. 2. Provide forensic examinations of all sexual assault victims upon request by an investigating officer of the Estes Park Police Department. 3. Provide medical services of all person(s) in police custody. 4. Provide Emergency Medical Dispatch training on a as need basis and the Estes Park Police Department shall bear the costs associated with such training except any personnel costs of hospital staff member who provide such instruction. B. The Town of Estes Park Police Department and the Estes Park Medical Center shall be solely responsible for the actions of their employees or agents and shall not bear responsibility or be held legally liable for the negligent acts of the other party. Accordingly, to the extent authorized by law, each party hereby indemnifies and holds harmless the other party from any damages, losses, expenses, causes or action or other liability whatsoever arising from or in any way relating to any personal injury or damages to person or property caused by the negligent acts or omissions of its own officers, agents or employees. Each party may terminate this agreement upon receiving thirty days written notice to the other. 0« r N - (%%01 Douglas A. Faus Date Chief Executive Officer Estes Park Medical Center John Baudek Date Mayor Town of Estes Park
ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 5.20 BUSINESS LICENSE AND REPEALING CHAPTER 5.35 SHORT TERM RENTALS TO THE MUNICIPAL CODE OF THE TOWN OF ESTES PARK, COLORADO WHEREAS, it is necessary for Chapter 5.20 of the Municipal Code to be amended with regard to licensing of accommodation units and vacation homes; and WHEREAS, it is necessary to repeal Chapter 5.35 Short Term Rentals from the Municipal Code and include a significant portion of said repealed section within a new Section 5.20.120 of the Municipal Code, and; WHEREAS, it is necessary to adopt certain terms and restrictions on the use, occupation and renting of vacation homes within the Town in order to maintain the residential character of neighborhoods within the Town, and; WHEREAS, the Board of Trustees of the Town of Estes Park, Colorado, has determined it is in the best interest of the Town to amend the Municipal Code of the Town of Estes Park, Colorado by the adoption of this Ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: Section 1: Sections 5.20.010, 5.20.020 Subsections (1), (2), (2.1) & (2.2), 5.20.030 Subsections (2) & (5), 5.20.040, 5.20.060, 5.20.070, 5.20.080 and 5.20.100 shall be amended to read as follows: Section 5.20.010 Business License Fee (1) There is imposed a business license fee on the privilege of carrying on or engaging in any business, profession or occupation within the Town, which business, profession or occupation consists of the selling of goods, wares, merchandise or service; the performing or rendering of service, for charge, the leasing, renting or furnishing of accommodation units; and the carrying on or engaging in any nonresident business or community special event. Each business, profession or occupation conducted at a separate physical location, regardless of ownership, shall pay a business license fee. (2) Each individual accommodation unit, which is separately owned, including, but not limited to, a condominium unit, shall pay a business license fee for the individual unit as provided in Section 5.20. An entity or company managing one or more accommodation units, including but not limited to, condominium units, shall also pay a
business license fee for the management business separate from the business license fee paid by the owner of the individual accommodation unit. Section 5.20.020 Definitions - Subsections (1), (2), (2.1) & (2.2) In this Chapter, the following words and phrases shall have the following meanings: ll) Accommodation means the leasing, renting or furnishing of any room, mobile home site, recreational vehicle site, camp site or other area in any hotel, motel, guest house, bed and breakfast, apartment, dormitory, mobile home park, recreational vehicle park or campground, any single-family dwelling, duplex, multiple family dwelling, condominium unit, vacation home or any such similar place to any person who, for a consideration, uses, possesses or has the right to use or possess such dwelling, room, single-family dwelling, duplex unit, multiple-family unit, condominium unit, vacation home, site or other accommodation for a total continuous duration of less than thirty (30) days. (2) Accommodation unit means each individual room, set of rooms, site, single- family dwelling, duplex unit, multiple-family unit, condominium unit, vacation home or divided area rented, leased or occupied on a unit basis in an accommodation. (2.1) Vacation home shall mean a residential dwelling unit, as defined in the Estes Valley Development Code, that is located within a residential zoning district and is rented, leased or occupied on a unit basis as an accommodation. (2.2) Accommodation Site shall mean a site consisting of one or more accommodation units, including, but not limited to condominium units, which are located on one individual parcel of real property and under management control for rental purposes of an agent, entity or agency. Section 5.20.030 Amount of License Fee - Subsections (2) & (5) (2) Accommodations license: five (5) units or less, one hundred fifty dollars ($150.00) per year; six (6) to twenty (20) units, two hundred sixty dollars ($260.00) per year; twenty-one (21) units or more, three hundred seventy-five dollars ($375.00) per year. Each individual accommodation site shall pay a business license fee based upon the number of units on the individual accommodation site. (5) Individual accommodation unit. Any individual accommodation unit including, but not limited to a condominium unit, which is not part of an accommodation site,. shall pay a business license fee of one hundred fifty dollars ($150.00) per year. Section 5.20.040 Business License Required Every person who is the owner of any business, profession, occupation or accommodation unit including owners of multiple businesses at separate physical 2
locations, which is subject to the business license fee set forth in this Chapter, shall obtain a business license from the Town prior to engaging in any business, profession, occupation or accommodation within the Town. Section 5.20.060 Payment of License Fee The owner of each business, profession, occupation or accommodation unit subject to the provisions of this Chapter shall pay the business license fee for each calendar year in which the owner engages in any business, profession, occupation or accommodation within the Town as follows: (1) One-half (1/2) the business license fee may be paid at any time, provided that full payment is required on or before June 30 of each calendar year. (2) Any new business, profession, occupation or accommodation which begins its business on or after January 1 and on or before June 30 shall pay the full amount of the business license fee. Any new business, profession, occupation or accommodation which begins its business on or after July 1 and on or before September 30 shall pay one-half (1/2) of the business license fee. Any new business, profession, occupation or accommodation which begins its business on or after October 1 and on or before December 31 shall pay one-fourth (1/4) of the business license fee. All business license fees subject to this Subsection (2) shall be due and payable upon submittal of an application to the Town Clerk's office. (3) In the event any existing business license is not renewed in the subsequent calendar year on or before July 1, the business license shall be deemed to have lapsed. A new business license fee in full must be paid by the owner. There shall be no proration of this business license fee. Section 5.20.070 Violation It shall be a violation of this Chapter for an owner of a business, profession, occupation or accommodation or any person subject to the business license fee imposed herein to fail or refuse to make payment to the Town of the fee or in any other manner to evade the collection and payment of the fee imposed by this Chapter. Section 5.20.080 Revocation of License The Town, after giving written notice to the owner of any business, profession, occupation or accommodation who has failed to pay the fee in accordance with Section 5.20.060 may revoke the license of the owner. Upon revocation of the license, the ~ owner's right and privilege to conduct the business, profession, occupation or accommodation within the Town is terminated. 3
Section 5.20.100 Inspections The Town shall be entitled at any time, upon reasonable notice to the owner of any 'C r.= business, profession, occupation or accommodation, to inspect the premises occupied by the business, profession, occupation or accommodation for the purpose of ascertaining compliance with the terms and conditions of this Chapter. In the event that such inspection reveals that the business license fee charged to the business, profession, occupation or accommodation is in fact erroneous, an adjustment shall be made by the Town of the license fee. Section 2: Section 5.20.090 Reinstatement of License shall be deleted in its entirety. Section 3: The Municipal Code shall be amended by the addition of Section 5.20.120 Vacation Homes in Residential Zoning Districts to read as follows: Section 5.20.120 Vacation Homes in Residential Zoning Districts This Section shall apply to the leasing, renting, and occupation of any vacation home existing in the following zoning districts of the Town: RE-1, RE, E-1, E, R, R-1, R-2 and R-M. (a) Purpose. The purpose of this section is to permit the leasing, renting and occupation of vacation homes in residential zoning districts while maintaining the residential character of those districts. (b) Restrictions on Rentals. The leasing, renting, or occupation of all vacation homes subject to this Section shall be restricted as follows: (1) Vacation homes shall not be operated in manner that is out of character with residential uses. This includes vehicular traffic and noise levels that are out of character with residential uses. Vacation homes shall be designed to be compatible, in terms of building scale, mass and character, with a predominantly low-intensity and low-scale residential setting. Guest rooms shall be integrated within the vacation home. Kitchen facilities shall be limited to be consistent with single family residential use. (2) A vacation home shall be rented, leased or furnished to no more than one party with a' maximum of eight (8) individual guests. The total maximum occupancy of eight individuals shall be further limited by a maximum of two guests per bedroom plus two individuals. In the event the vacation home is managed by a full-time on-site manager, the vacation home may be rented, 4
leased or furnished to more than one party subject to the limitations of two guests per bedroom plus two individuals with a maximum of eight guests. (3) No changes in the exterior appearance to accommodate each vacation home shall be allowed, except that one (1) wall-mounted identification sign no larger than four (4) square feet in area shall be permitted. (4) Only one vacation home shall be permitted per lot in single family residential districts. (5) No recreational vehicle, as the same is defined in Chapter 13 of the Estes Valley Development Code, tent, temporary shelter, canopy, teepee, or yurt shall be used by any individual for living or sleeping purposes. (6) Each vacation home is permitted a maximum of three guest vehicles on site and parked outside at any one time. On street parking shall be prohibited. (7) Vacation homes shall be subject to commercial utility rates for the entire calendar year of the current license, and sales tax collection and remittance. It is the owner's responsibility to notify the Town's Utility Billing Department when the residence is no longer being used as a vacation home after the license expires, (8) The application for a business license for any vacation home shall designate a local resident or property manager of the Estes Valley who can be contacted by the Town with regard to any violation of the provisions of this Section. The person set forth on the application shall be the agent of the owner for all purposes with regard to the issuance of the business license, the operation of the vacation home and revocation of the business license pursuant to the terms and conditions of this Section. (9) Any vacation home in operation on or before November 1, 2004 and whose owner obtained a business license from the Town for 2004 shall be entitled to operate the vacation home to the extent of its operation on the effective date of this Ordinance including, but not limited to, the number of guest individuals allowed to occupy the vacation home at any one time, the number of guest vehicles allowed to be parked on-site, and any permitted signage identifying the operation of the vacation home. In the event the operation of the vacation home grandfathered by this Section is abandoned for a period of one (1) year or the owner does not maintain a business license for the vacation home in any subsequent calendar year, the vacation home shall then be subject to all of the terms and conditions of this Section including, but not limited to, the number of guest individuals occupying the premise, the number of vehicles allowed to be parked outside on-site, and the signage identifying the operation of the vacation home. 5
f ' (c) Violation. It is a violation of this Section for any owner, agent, guest, and/or occupant of a vacation home to be convicted, including a plea of no contest, of a violation of Section 9.08.010 (Disturbing the Peace) of this Code; t6 fail to collect and remit all required sales tax to the State due and owing for the leasing, rental or occupation of a vacation home; to violate any provisions of this Section; and/or to fail to acquire and pay for a business license. For the purpose of this Section, only violations of Section 9.08.010 of this Code which occur on the premises of the vacation home and while a vacation home is being occupjed as a vacation home shall be a violation of this Section. (d) Revocation of license. The Town may revoke the business license of am) vacation home for violation of the provisions of this Section as follows: (1) The Town Clerk upon the receipt and verification of any violation of this Section shall give written notice to the owner or agent that a violation has occurred. (2) Upon the receipt and verification of any subsequent violation of the terms and conditions of this Section, within two (2) years of the date of the written warning set forth in Subsection (1) above, the Town Clerk shall revoke the business license by giving written notice to the owner or agent of the revocation of the license. Said revocation shall be fore one (1) year from the date of the notice. (3) Upon the receipt and verification of any subsequent violation of the terms and conditions of this Section within two (2) years after reinstatement, the Town Cletk shall revoke the business license by giving written notice to the owner or agent of the revocation of the business license. Said revocation shall be for tow (2) years from the date of the notice. Upon revocation of the business license, the owner's right to operate a-vacation home on the property shall terminate. (e) Appeal. Any owner or agent who wishes to contest the written warning or the revocation of a business license shall be entitle to request a hearing before the Town Clerk by written notice delivered in person or by certified mail, return receipt requested, to the Town Clerk within fifteen (15) days of the date of the warning or revocation. The Town Clerk shall hold a hearing on the appeal and determine whether or not a violation of the provisions of this Section has occurred. The owner shall be entitled to present any evidence of compliance with the terms and conditions of this Section at said hearing. The decision of the Town Clerk as to whether or not the violation occurred shall be final and not subject to further appeal 6
Section 4: Chapter 5.35 Short Term Rentals shall be repealed in its entirety. Section 5: This Ordinance shall take effect and be in force thirty (30) days after its adoption and publication PASSED AND ADOPTED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO, THIS DAY OF , 2004. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk I hereby certify that the above ordinance was introduced and read at a meeting of the Board of Trustees on the day of , 2004, and published in a newspaper of general publication in the Town of Estes Park, Colorado on the day of ,2004. Town Clerk 7
RECORD OF PROCEEDINGS D . . Community Development - November 4,2004 - Page 3 Proposed Vacation Home & Condominium Business License Regulations - Request Approval The Community Development Committee reviewed the draft ordinance amending short- term rental, vacation homes and miscellaneous other regulations on September 2nd Pursuant to audience comments the Town Clerk's office mailed copies of the draft ordinance to all accommodation operators, scheduled a public meeting, and published notice. The meeting was held October 5th with approximately 30 persons from the accommodations sector attending. A significant revision was made to condominium licensing. Staffs revised stance is that each accommodation site under one property manager would be licensed, and if a unit separates from the property manager, that unit would obtain their own business licenses. Based on comments at the public hearing, staff made the following revisions to the restrictions on vacation home rentals in residential zone districts: (1 ) a grandfather clause was added; (2) utility rates for vacation homes were clarified; (3) the limit on the number of guests was clarified; and (4) limit of two guests per bedroom in the current ordinance was retained. Attorney White clarified that an individual license is not needed so long as the property is managed by onsite management. Licenses will be obtained based on the number of units managed, i.e. 1- 5 units = $150/yr, 6-20 units = $260/yr, 21 or more units = $375/yr. Vacation home properties currently operating and licensed will be grandfathered regarding the number of individuals, number of vehicles, and signage. Audience comments were heard from Gene /Ponderosa Realty who requested reconsideration of the current regulation of 2 individuals per bedroom plus 2. Ed Peterson, 1420 Axminister Lane, questioned the 3-vehicle limit. Judy Anderson/Anderson Realty & Mgmt. & Greg Whannel/Range Realty & Mgmt. commented on the need for individual homeowners to obtain a business license, as well as the limit of 8 individuals per home. Bob Smith/Coldwell Banker Property Mgr. has not experienced any problems with the current regulations and encouraged the committee to reconsider the number of guests and number of vehicles. Staff stated the intent of the new vacation home regulations is to maintain the integrity of residential zoning districts and to prevent a blend of commercial uses in a residential neighborhood, ensuring the interest of the visitors and the residents are balanced. The regulation must state the number of guest for enforcement purposes. The Committee recommends approval of Vacation Home & Condominium Business License Regulations, to include 2 individuals per bedroom plus 2 not to exceed a total of 8 individuals to the regulations. Attorney White will prepare 2 Ordinances for Town Board consideration on November 23,2004.
Town Clerk's Office Memo TO: Community Development Committee From: Vickie O'Connor, Town Clerk and Alison Chilcott/Planner Date: November 2,2004 Re: Vacation Homes and Short Term Rentals - Summary BACKGROUND: Town Clerk's Office: The Community Development Committee reviewed a draft ordinance amending short-term rental, vacation homes and miscellaneous other regulations on September 2nd. Pursuant to audience comments, the Town Clerk's office mailed copies of the draft ordinance to all accommodation operators, scheduled a public meeting, and published notice. The meeting was held October 5th approximately 30 persons from the accommodations sector and Town Staff members Repola, White, O'Connor, and Joseph attending. A summary of the comments from that meeting, and a copy of Dir. Joseph's PowerPoint slide program are attached. Other than adding a grandfather clause for short-term rentals, this portion of the proposal remained intact as presented to the Committee. A significant revision was made to condominium licensing. As originally presented, each individually owned unit and property manager would be required to purchase a business license. Staffs revised stance that was presented at the public meeting was that each accommodation site that is under one property manager be licensed, and if a unit separates from the site manager, that unit would obtain their own business license. Planning Dept. Based on comments at the public hearing staff made the following revisions to the restrictions on vacation home rentals: (1) a grandfather clause was added; (2) utility rates for vacation homes were clarified; and (4) limit of two guests per bedroom in the current ordinance was retained. 1
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