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HomeMy WebLinkAboutPACKET Town Board 2018-09-25The Mission of the Town of Estes Park is to provide high-quality, reliable services for the benefit of our citizens, guests, and employees, while being good stewards of public resources and our natural setting. The Town of Estes Park will make reasonable accommodations for access to Town services, programs, and activities and special communication arrangements for persons with disabilities. Please call (970) 577-4777. TDD available. BOARD OF TRUSTEES - TOWN OF ESTES PARK Tuesday, September 25, 2018 7:00 p.m. PLEDGE OF ALLEGIANCE. (Any person desiring to participate, please join the Board in the Pledge of Allegiance). AGENDA APPROVAL. PUBLIC COMMENT. (Please state your name and address). TOWN BOARD COMMENTS / LIAISON REPORTS. TOWN ADMINISTRATOR REPORT. 1. POLICY GOVERNANCE MONITORING REPORT - Policy 3.8. Board Policy 2.3 designates specific reporting requirements for providing information to the Board. Policy 3.8 Compensation and Benefits each September. CONSENT AGENDA: 1. Bills. 2.Town Board Minutes dated September 11, 2018. 3.Audit Committee Meeting Minutes dated August 23, 2018. 4.Estes Valley Planning Commission Minutes dated August 21, 2018 (acknowledgment only). 5.Transportation Advisory Board Minutes dated August 15, 2018 (acknowledgment only). 6.Parks Advisory Board Minutes dated August 16, 2018 (acknowledgement only). 7.Acceptance of Town Administrator Policy Governance Monitoring Reports. 8.Family Advisory Board Appointment of Carrie Brown and Michael Moon for terms expiring April 30, 2021. 9.Upper Thompson Sanitation District Easement Agreements. 10. 2018 Estes Park Museum Remodel Contract Award to Saunders/Heath Construction, $179,865 - Budgeted. ACTION ITEMS: 1. 2017 COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR). Tyra Litzau, CPA Audit Senior Manager with Anton Collins Mitchell LLP (ACM). Director Hudson. Present results of the 2017 Audit and review the Beyond the Numbers report. 2.RESOLUTION #20-18 SUPPORTING THE LARIMER COUNTY MENTAL HEALTH INITIATIVE. Mayor Jirsa and Laurie Stolen, Larimer County. Impose a 0.25% county-wide sales and use tax to provide mental health care services for residents. Prepared 09-14-2018 *Revised NOTE: The Town Board reserves the right to consider other appropriate items not available at the time the agenda was prepared. 3.APPOINTMENTS TO THE LOCAL MARKETING DISTRICT BOARD AND DISCUSSION OF THE INTERGOVERNMENTAL AGREEMENT WITH LARIMER COUNTY. Attorney White and Mayor Jirsa. To appoint two Trustees to the vacancies. 4.RESOLUTION #21-18 OPPOSING AMENDMENT #74. Town Administrator Lancaster. An attempt to amend the Colorado Constitution to drastically limit state and local government services at a high cost to taxpayers. PLANNING COMMISSION ITEMS: Items reviewed by Planning Commission or staff for Town Board Final Action. 1. ACTION ITEMS: A. APPEAL WIND RIVER APARTMENT HOMES DEVELOPMENT PLAN 2018-03, 1041 S ST. VRAIN AVENUE, WIND RIVER HOLDINGS, LLC/OWNER. Planner Woeber. (Public comment will be limited to 2 minutes per person) Consideration of an appeal of the Estes Valley Planning Commission denial of the Wind River Apartment Homes Development Plan on August 21, 2018. B. SPECIAL REVIEW, WIND RIVER APARTMENTS DAY CARE FACILITY, 1041 S. ST. VRAIN AVENUE, WIND RIVER PROPERTIES, LLC/OWNER. Planner Woeber. Approval of the S2 Special Review is requested for a "Day Care Center" use in RM, Multi-Family Residential Zoning District. REQUEST TO ENTER EXECUTIVE SESSION: 24-6-402(4)(f), C.R.S. – For discussion of a personnel matter; not involving any specific employees who have requested discussion of the matter in open session; any member of the Town Board (or body); the appointment of any person to fill an office of the Town Board (or body); or personnel policies that do not require discussion of matters personal to particular employees. ADJOURN. TOWN ADMINISTRATOR Frank Lancaster Town Administrator 970.577.3705 flancaster@estes.org MEMORANDUM DATE: September 25, 2018 TO: Board of Trustees FROM: Frank Lancaster, Town Administrator SUBJECT: INTERNAL MONITORING REPORT - EXECUTIVE LIMITATIONS (QUARTERLY MONITORING REPORT POLICY 3.8) Board Policy 2.3 designates specific reporting requirements for me to provide information to the Board. Reporting on Policy 3.8 Compensation and Benefits is required in September of each year. Policy 3.8 states: “With respect to employment, compensation, and benefits to employees, consultants, contract workers and volunteers, the Town Administrator shall not cause or allow jeopardy to fiscal integrity.” This report constitutes my assurance that, as reasonably interpreted, these conditions have not occurred and further, that the data submitted below are accurate as of this date. ________________________ Frank Lancaster Town Administrator 3 3.8.1. With respect to employment, compensation, and benefits to employees, consultants, contract workers and volunteers, the Town Administrator shall not cause or allow jeopardy to fiscal integrity of the Town. Accordingly, pertaining to paid workers, he or she may not change his or her own compensation and benefits. Interpretation – I interpret this to mean that I cannot take any action that will result in a financial benefit to me personally, including modifying my benefits, leave provisions or compensation in any way that is not defined in my employment agreement or specifically approved by the Board. Compliance with the policy will be achieved when: All my compensation and benefits remain as approved by the Board either in my employment agreement or by specific action of the Board. Evidence: 1.The adopted budget and the CAFR document that I have not taken any action to change my compensation or benefits. Report: I report compliance 3.8.2. With respect to employment, compensation, and benefits to employees, consultants, contract workers and volunteers, the Town Administrator shall not cause or allow jeopardy to fiscal integrity of the Town. Accordingly, pertaining to paid workers, he or she may not promise or imply permanent or guaranteed employment. Interpretation – I interpret this to mean that I cannot make any statements to current or potential employees that they can be assured of guaranteed employment with the Town of Estes Park. Compliance with the policy will be achieved when: I did not make any comments, verbally or in writing to any employee that can be construed as implying permanent or guaranteed employment. Evidence: 1.Since this is a requirement NOT to do something, the evidence would be for non- compliance, or when an employee alleges such a promise was made, or during the disciplinary process, an employee alleges that such a promise has been made. No such allegations have been raised with myself, HR or with the Board. Report: I report compliance 3.8.3. With respect to employment, compensation, and benefits to employees, consultants, contract workers and volunteers, the Town Administrator shall not cause or allow jeopardy to fiscal integrity of the Town. Accordingly, 4 pertaining to paid workers, he or she may not establish current compensation and benefits which deviate materially for the regional or professional market for the skills employed: Interpretation – I interpret this to mean we regularly compare our compensation and benefits to the regional market. That market has been defined in Policy 301 as adopted by the Board. The specifics of the market comparison process is defined in Policy 301. Compliance with the policy will be achieved when: I insure we fully comply the procedures and steps outlined in the Board adopted Policy 301 regarding Classification and Compensation Evidence: 1.The compensation study, as prepared by the Town Compensation Consultant under the supervision of the HR staff. 2.Published Compensation schedules and Classification plan which is congruent with the results of the annual Compensation Study. 3.Specifics of the compensation model and most recent study are available for inspection upon request. Report: The only exception is our lack of provision of spousal health insurance, which is a significant deviation from benefits provided in the regional market. I am therefore reporting partial compliance. 3.8.4. With respect to employment, compensation, and benefits to employees, consultants, contract workers and volunteers, the Town Administrator shall not cause or allow jeopardy to fiscal integrity of the Town. Accordingly, pertaining to paid workers, he or she may not establish deferred or long-term compensation and benefits. Interpretation – I interpret this to mean I cannot take any actions that would change any deferred or other long-term compensation for any employees without Board approval. Compliance with the policy will be achieved when: There have been no changes to anyone’s differed or long-term compensation or benefits without Board approval. Evidence: 1.The adopted budget and the CAFR document that I have not taken any action to change any long term compensation or benefits without the prior approval of the board. Report: I report compliance 5 6 Town of Estes Park, Larimer County, Colorado, September 11, 2018 Minutes of a Regular meeting of the Board of Trustees of the Town of Estes Park, Larimer County, Colorado. Meeting held in the Town Hall in said Town of Estes Park on the 11th day September, 2018. Present: Todd Jirsa, Mayor Cody Walker, Mayor Pro Tem Trustees Carlie Bangs Marie Cenac Patrick Martchink Ron Norris Ken Zornes Also Present: Frank Lancaster, Town Administrator Travis Machalek, Assistant Town Administrator Kimberly Disney, Recording Secretary Absent: Greg White, Town Attorney Mayor Jirsa called the regular meeting to order at 7:00 p.m. and all desiring to do so, recited the Pledge of Allegiance. AGENDA APPROVAL. It was moved and seconded (Cenac/Bangs) to approve the Agenda, and it passed unanimously. PUBLIC COMMENTS. Graham Russell/Town Citizen, Biff Baird/County Citizen and Rebecca Urquhart/Town Citizen spoke against the Mountain Coaster. Their statements included other interests the Town should be concentrated on such as housing, families, the community and care for citizens. They questioned the process of the coaster’s approval, the intent of the Estes Valley Development Code (EVDC) and how the project would be beneficial to the Town. Heidi Scanlan/Town Citizen spoke on behalf of Estes Area Lodging Association regarding the potential changes to the structure of the Visit Estes Park (VEP) Board to consist of 3 Trustees and 2 County Commissioners. She spoke in favor of the current Intergovernmental Agreement and the VEP Board, and stated additional political influence would not be beneficial to stakeholders. Marcia Groome/Town Citizen spoke regarding the noise ordinance previously passed in 2017 and questioned if the noise ordinance could be adjusted or other alternatives examined, particularly as it pertains to outside music venues. She also requested a policy be created for police staff to enforce the Colorado Noise Abatement Statute and noise complaints in the area of The Barrel be compiled and studied. Mayor Jirsa requested a review of the noise ordinance be scheduled for a future study session. It was determined to review the ordinance on October 9, 2018. Commissioner Donnelly spoke regarding the Mountain Coaster appeal process with Larimer County. A tentative appeal hearing of the Board of County Commissioners has been scheduled for October 2, 2018 in the Town Hall Board Room. The initial hearing would establish if the planning staff’s determination was correct, which could result in additional hearings. TOWN BOARD COMMENTS Trustee Cenac stated the inaugural Trustee talk occurred on Thursday, September 6, 2018, where herself and Trustee Zornes met with citizens for an informal discussion. DRAFT7 Board of Trustees – September 11, 2018 – Page 2 Mayor Jirsa requested a discussion and potential vote on Trustee appointments to the VEP board be scheduled for the meeting on September 25, 2018. Trustee Norris stated the Planning Commission would meet on September 18, 2018 and the Family Advisory Board met September 6, 2018. The Comprehensive Plan Advisory Committee has identified potential contents of the plan, methods and a preliminary list for outreach, and a description of a request for proposals has been drafted. In regards to the Mountain Coaster, after extensive review of public comments, the EVDC and the filed appeal, Trustee Norris stated the EVDC has been misinterpreted and supports the appeal. Trustee Zornes recognized 9/11 and spoke in remembrance of the loss of life and the effect on the country and local citizens. He stated VEP would meet September 12, 2018. He attended the Scottish Irish Parade and Tattoo over the weekend and acknowledged the auxillary police for their work at these events. Trustee Zornes spoke in support of Trustee Norris’ statements regarding the Mountain Coaster. TOWN ADMINISTRATOR REPORT. Town Administrator Lancaster requested a discussion of the Strategic Plan final draft be added to a future study session. He thanked Town staff and volunteers as part of Colorado Cities and Towns week. 1.CONSENT AGENDA: 1. Bills. 2.Town Board Minutes dated August 28, 2018 and Town Board Study Session Minutes dated August 28, 2018. 3.Board of Adjustment Minutes dated August 7, 2018 (acknowledgement only). 4.Special Meeting of the Family Advisory Board Minutes dated July 26, 2018 and Family Advisory Board Minutes dated August 2, 2018 (acknowledgement only). 5.Resolution #19-18 Supporting Colorado Parks & Wildlife Grant Applications for Fall River Trail Extension. It was moved and seconded (Walker/Norris) to approve the Consent Agenda, and it passed unanimously. 2. REPORTS AND DISCUSSION ITEMS: (Outside Entities). 1.LARIMER COUNTY COMMUNITY REPORT. Commissioner Donnelly presented the 2018 Larimer County Community Report, he emphasized the primary goals of the County include public health, public safety and social services programs. The report provides a budget summary and details various additional services. He mentioned the groundbreaking of the North I-25 Expansion project held September 10, 2018 and the ribbon cutting of the Loveland County facility was held today. Trustee discussion and comments have been summarized: the process of the Mountain Coaster appeal, ways of strengthening the relationship of the Town Board and the County Commissioners, continuing regular meetings of the Town, County and Planning Commission, County concerns with the VEP Board, and the Larimer County Mental Health Initiative on the upcoming ballot. 2. QUARTERLY UPDATE ON DOWNTOWN ESTES LOOP PROJECT. The Project Technical Advisory Committee presented an update on the Downtown Estes Loop Project since June, 2018. They highlighted the continuance of right of way acquisition with offers made on all seven properties, landscape design, wayfinding signage, hydraulic analysis, continued outreachDRAFT 8 Board of Trustees – September 11, 2018 – Page 3 with citizen advisory boards and a new Downtown Estes Loop Project Newsletter. The project schedule remained unchanged with design completion in 2018, right of way acquisition in 2019, and construction commencing in summer 2021. Acceleration of the project would not be able to occur until right of way acquisition, final design, and confirmation of hydraulic analysis with FEMA has been completed. An accelerated construction timeline in 2019 would not be likely however, 2020 could still be possible. Trustee discussion of the update has been summarized: methodologies of the hydraulic analysis, the National Park Service’s possible solutions to overcrowding and how those solutions might affect the loop project, and outreach to Rocky Mountain National Park officials. Trustee Martchink had an additional comment regarding perceived loopholes that allow commercial development in residential zones in the EVDC. He requested a correction to the EVDC be done as soon as possible. Town Administrator Lancaster stated a clarification would be done to refine the intent of commercial uses in residential zones. Mayor Jirsa cautioned against making corrections to the code prior to the Comprehensive Plan being updated. Whereupon Mayor Jirsa adjourned the meeting at 8:29 p.m. Todd Jirsa, Mayor Kimberly Disney, Recording Secretary DRAFT9 10 Town of Estes Park, Larimer County, Colorado, August 23, 2018 Minutes of a Regular meeting of the AUDIT COMMITTEE of the Town of Estes Park, Larimer County, Colorado. Meeting held in the Municipal Building in said Town of Estes Park on the 23rd day of August 2018. Committee: Mayor Jirsa, Mayor Pro Walker, Trustee Cenac, Town Administrator Lancaster, Finance Director Hudson, and Accounting Manager Garcia Attending: Mayor Jirsa, Trustee Cenac, Trustee Zornes, Town Administrator Lancaster, Finance Director Hudson, Accounting Manager Garcia, Accountant Johnson, Town Clerk Williamson, and representatives of Anton Collins Mitchell LLP Tyra Litzau and Steven Bolz Absent: Mayor Pro Tem Walker Chair Jirsa called the meeting to order at 8:00 a.m. 2017 CAFR AND SINGLE AUDIT REVIEW. Ms. Litzau reviewed the audit and stated the auditors provided an unmodified opinion, a clean opinion, of the financial statements and an unmodified opinion of the Town’s internal control over financial reporting and compliance with laws, regulations, contracts and grant agreements in accordance with Governmental Auditing Standards for the year ending December 31, 2017. The auditors indicated no material weaknesses and no instances of noncompliance or other matters requiring reporting. The single audit was completed and no noted material weakness were identified and the testing disclosed no instances of noncompliance. The Town’s financial statement documents demonstrated an overall increase from 2016 to a net position of $111.6 million, capital assets of $106.6 million and long-term liabilities of $17.1 million. PERA increased the Town’s cost sharing for pension liability over the prior year from $11.3 million to $15 million for 2017. The auditors did not encounter any difficulties in completing the audit and suggested adjustments to the staff during the process. Nothing of substance was exposed during the audit; however, some internal controls were noted. The auditors provided suggestions for improving the existing internal controls which did not affect the fair presentation of the financial statements, including: 1) meeting the Davis Bacon Grant requirements to obtain certified payroll reports from contractors and subcontractor for all weeks of a project even when no work is being performed; and 2) thirteen months of open space revenue was recorded in 2017 which included a month from 2016, therefore, overstating the revenues by $40,000. The auditors indicated the GASB Statement 75 would require the Town to report on post-employment benefits other than pensions. The Town currently offers all employees employed prior to July 1, 2016 post-employment health insurance benefits for employees who have worked for 15 years and retire at age 60. The Town would also be required to report a portion of the PERA health plan liability. PERA would provide the Town with the information for the 2018 audit. GASB Statement 86 would require reporting of debt extinguishment issues. GASB Statement 87 would require the Town to report operating leases as of December 2020. A report entitled “Beyond the Numbers” was reviewed with the committee. The report compiled data from three municipalities, Steamboat Springs, Glenwood Springs and Telluride and compared the Town’s position on net position as a percentage of net position, revenue coverage ratio, unrestricted net position as a percent of current year revenue, accumulated depreciation as a percent of depreciable capital assets, liquidity 11 Audit Committee – August 23, 2018 – Page 2 ratio, debt to assets leverage ratio, total debt per capita, tax revenue per capita, total grants, contributions and other intergovernmental revenue as a percent of total revenue, total expense per capita, total general government expense per capita, total public safety expense per capita, total interest expense per capita, total debit service expenditures as a percent of total revenues, capital outlay expenditures as a percent of total expenditures, unassigned fund balance as a percent of total revenues, intergovernmental revenues as a percent of total revenue, and transfers-in as a percent of total revenues and transfers-in. The auditors reviewed the comparison and addressed significant differences in the Town’s position relative to the peer communities. Comments have been summarized: change in net position was due to large capital projects completed in the past couple of years; unrestricted net position went down significantly with the continued costs of flood recovery projects which require a delay of grant or FEMA reimbursements; CGOFA recommends a standard reserve of two months operating funds, however, other peer communities have up to 7.5 months in reserve; assets are aging and older than peer communities; debt to asset ratio demonstrates the other communities are borrowing money to pay for new assets; the Town has a debt per capita lower than other communities; taxes per citizen is 15% lower; and general government and police services costs are higher, however, the peer communities may not provide the same services; and transfers-in are significantly high. The Board requested the auditor provide additional clarity on the numbers and how each impacts the Town’s overall financial situation, including the impact of retirement liability from the peer communities on the net position and expenses per capita; additional clarity on property tax rates and sales tax rates; and added footnotes would provide clarity for the Board and the citizens. The audit firm has been working with Visit Estes Park to complete their audit. The audit would not be completed until September and the MD&A has been completed. The auditors stated no material weakness were addressed; however, there were procedural issues to address. The committee thanked Director Hudson and his staff for addressing previous year concerns and for completing this year’s audit. There being no further business, Mayor Jirsa adjourned the meeting at 9:30 a.m. Jackie Williamson, Town Clerk 12 RECORD OF PROCEEDINGS Estes Valley Planning Commission August 21, 2018 Board Room, Estes Park Town Hall 1 Commission: Chair Bob Leavitt, Vice-Chair Sharry White, Commissioners Betty Hull, Russ Schneider, Robert Foster, Frank Theis, Steve Murphree Attending: Chair Leavitt, Commissioners Schneider, White, Foster, Murphree and Theis Also Attending: Director Randy Hunt, Town Attorney Greg White, Senior Planner Jeff Woeber, Planner Robin Becker, Town Board Liaison Ron Norris, County Staff Liaison Michael Whitley, Recording Secretary Karin Swanlund Absent: Commissioner Hull Chair Leavitt called the meeting to order at 1:30 p.m. There were approximately 70 people in attendance. 1.OPEN MEETING Planning Commission/Staff Introductions 2.AP PROVAL OF AGENDA It was moved and seconded (White/Schneider) to approve the agenda as presented and the motion passed 6-0. 3.CONSENT AGENDA Approval of July 17, 2018 Planning Commission meeting minutes. It was moved and seconded (Schneider/Foster) to approve the consent agenda as presented and the motion passed 6-0. 4.BLACK CANYON WEDDING DEVELOPMENT PLAN Planner Becker reported that this item was continued to the next Planning Commission meeting to be held October 16, 2018 and that a public meeting with neighborhood and community members was to be held August 23 at the Black Canyon Office. Public Comment: Anna Claassen, town citizen, questioned when the public meeting was planned and noted that neighbors have not been notified Jay Blackwood, town citizen, stated that a glitch in GPS brings people to the Black Canyon neighborhood rather than the Black Canyon Inn, and this project would cause more issues with people coming to the wrong address. He would like GPS to be fixed. It was moved and seconded (Foster/Theis) to continue the Development Plan to the October 16, 2018 meeting and the motion passed 6-0. 13 RECORD OF PROCEEDINGS Estes Valley Planning Commission August 21, 2018 Board Room, Estes Park Town Hall 2 5.RECOMMENDATION FOR APPROVAL OF THE DEVELOPMENT PLAN LOCATED AT 1041 SOUTH SAINT VRAIN AVE, KNOW AS WIND RIVER APARTMENTS. Planner Woeber stated that this application was reviewed by the EVPC at their June 19, 2018 meeting. Due to questions that were raised by the EVPC, and with concurrence of the applicant, the application was continued to the July 17, 2018 EVPC meeting. With revisions not being available in time for that meeting, it was continued to the August 21, 2018 EVPC meeting. The applicant, in their revised submittal materials, has detailed all requested revisions, and has outlined specifically what has been revised. The subject property is 5.77 acres in size and is undeveloped. Currently the site is two separate lots. A lot consolidation application has been submitted to combine Lots 1 and 2 of Wapiti Minor Subdivision into one lot. The development consists of four multi-family structures, three 24-unit buildings and one 22-unit building resulting in 78 units with two bedrooms and 16 units with one bedroom. Legal notices were published in the Estes Park Trail Gazette and adjacent property owners were notified. There is significant opposition to this project. Staff recommended approval of the Wind River Apartments Development Plan and approval of the associated waiver request to reduce the radius of a section of an internal drive. Staff and Commission Questions: Director Hunt recused himself from discussion due to owning property and living across the street from the Development Project. Woeber stated that the housing cost limits has been revised in the restricted covenant agreements. Applicant Discussion: Paul Pewterbaugh stated that the reason for the delay was to be sure to address all the concerns, feedback and input from both the Planning Commission and the public. All members of the team were present at the meeting to answer all questions that may arise. He then summarized the components of the application. Eric Blackhurst, President of Estes Park Housing Authority, presented an abbreviated presentation on the housing needs situation. The first housing study was done in 1989- 1990, community wide, and three studies have been done since, 1999, 2008 and 2016, all with similar results. Joe Coop, Van Horn Engineering, displayed the sidewalk proposal along Lexington Lane, and the west side of highway 7. A Pedestrian Study showed that a lighted pedestrian crossing beacon didn’t warrant a CDOT permit. He also discussed the drainage issues and plans that would vastly improve the current system. The traffic study determined that there were 45 trips per hour, thus not triggering a left turn lane onto Highway 7. Mail cluster boxes will not be on Lexington Lane. Steve Lane, Basis Architecture, reviewed the lot density which was calculated on being one lot at 5.77 acres without a dedicated private street. Lot size does not affect the density of the day care or number of units. The height and density bonus was approved 14 RECORD OF PROCEEDINGS Estes Valley Planning Commission August 21, 2018 Board Room, Estes Park Town Hall 3 to allow RM zoned properties to solve the housing needs. The 15% open space/recreational space is met. The height code will be met, with the 3 story buildings being dug into the west side of the lot. Parking has 182 spaces for units and 16 guest spaces which is more than most neighboring communities. The EVDC specifies that this development should have 204 parking spaces. Taking out 4 units would allow us to meet the requirement, but nothing would change with regard to the site plan and traffic. Our proposal includes a request to allow 182 spaces rather than the 204 per the EVDC. Public Comment: Comments are summarized, full comments can be found on the Town of Estes website at www.estes.gov/meetingvideos for 12 months from the date of meeting The following town citizens spoke in opposition with concerns related to: pedestrian and traffic safety, drainage, flooding, work force housing density, parking, garbage generated, and Vacation Home impacts: Marcia Weaver, Kristen Hill, Liz Lord, Karen Nicholson, Adam Bensma, Brookie Gallagher, Nancy Fuller, Martha Rouch, Katie Sykes Town citizens speaking in favor stating the following reasons: the need for work force housing, property rights, many business owners and workers in favor, take advantage of developers willing to invest their money, and 352 people on the affordable housing waitlist: James Poppitz, Kent Smith, Jon Nicholas, Greg Rosener, Charley Dickey, Naomi Hawf Commissioner/Applicant Discussion: Paul Pewterbaugh emphasized that he understands the concerns of the neighbors, but this property has been zoned RM for years. Businesses using apartments for employees would be held to the same requirements as private renters. Covenants have an occupancy limit of two people per bedroom, plus one. Housing Authority will oversee the leases, as hired by the Town of Estes Park. One year leases are desired, six month leases are the minimum. The hope is to attract families that work and help run the town. Deed restrictions are 50 years, and run with the land. Joe Coop addressed the drainage questions clarifying how the drainage plan will help the neighborhoods to the east. Commissioner Comments: Comments are summarized, full comments can be found on the Town of Estes website at www.estes.gov/meetingvideos for 12 months from the date of meeting. •Workforce housing is needed but so is the need to be careful with unintended consequences •Abuse of the intended use of the density bonus. Two lots were combined but all the housing was placed on one lot, producing a density much greater than 16 units per acre, which was envisioned when the code amendment was adopted. •Maximum density does not have to be granted. The EVDC says up to a maximum of 200% depending on site-specific conditions. This is supported by the EVDC section 11.2.B "site-specific conditions may prevent maximum bonus density levels from being achieved due to the character of the land or surrounding uses." 15 RECORD OF PROCEEDINGS Estes Valley Planning Commission August 21, 2018 Board Room, Estes Park Town Hall 4 •Inadequate facilities for parking within the development. Proposed parking is less than the EVDC requirement. •Traffic and parking on Lexington Lane. This road is narrow and it will be difficult to handle the traffic load. The Town does not even want to install "No Parking" signs, according to the developer. •Serious concerns for pedestrian and bicycle safety on Lexington Lane and at the Highway 7 crossing. •There are no conditions put on the project to mitigate parking and safety issues. •Lack of compromise on either side in the two months that have passed since the last public hearing. •Workforce housing needs to be addressed in sensible and reasonable way, respecting the rights and interests of all parties involved. It was moved and seconded (Foster/Schneider) to deny the Development Plan application without findings and the motion passed 4-2 with Theis and Murphree voting against. A ten minute recess was called at 4:20 6.APPROVAL OF A SPECIAL REVIEW TO ALLOW A “DAY CARE CENTER” IN A MULTI FAMILY-RM RESIDENTIAL ZONING DISTRICT Summary: in addition to the Development Plan, the applicant has included a proposal for a day care facility on the apartment site, to serve the residents but which is also intended to have the capacity or openings for children from outside the development. The daycare is proposed within an existing structure on the property, which would be remodeled and expanded, with a portion also used as a leasing office. Legal notices were published in the Estes Park Trail Gazette and adjacent property owners were notified. Staff recommends the Planning Commission forward a recommendation of approval of the Special Review Use for the Wind River Day Care Center to the Town Board of Trustees with the following condition: The approved use shall be consistent with the plans and information as submitted by the applicant for the Special Review Use. Applicant Pewterbaugh elected to continue with the Special Review of the Day Care Center stating that the Development Plan would attract a lot of young families, with a projected 60% use from the apartments. Steve Lane reviewed the plans for the day care facility and leasing office. It was moved and seconded (Schneider/White) to approve the application for a Special Review Use the item and the motion passed 6-0. 7.EVDC TEXT AMENDMENT 16 RECORD OF PROCEEDINGS Estes Valley Planning Commission August 21, 2018 Board Room, Estes Park Town Hall 5 To add “Sightseeing/Tour Vehicle Facility” as an S2 Special Review use in the A, Accommodations, the CD, Downtown Commercial and the CO, Outlying Commercial Zoning Districts, and also add a definition of the same. Staff recommended a review of the amendment for compliance with the EVDC §3.3.D Code Amendments, Standards for Review and forward a recommendation to the Estes Park Town Board of Trustees and the Larimer County Commissioners for a final decision to approve. Staff/Commission Questions: It was explained that most users of Sightseeing/bus tours are staying in A zoning, thus the reason for putting buses in Accommodation Zoning, in addition to Commercial Zoning. The Special Review would allow rulings based on the specifics of individual applications. Public Comment: Bob Berman, 1442 Raven Circle, expressed concerns about putting a bus barn on one of the major entrances to the town while the other companies have found less obtrusive areas. This company is not new and had a different place to park at one time. Once approval is given to one company, it will open up the door for all other Special Reviews in A zoning, which are all over town. Commissioner Discussion: comments are summarized S2 review would be on a case by case basis with conditions allowed to be added. Don’t see the need to add the A zoning or change the code. This particular property has had problems with all businesses that have operated out of the location. The code has prohibitions for fueling and repairs in regard to the word “facility”. It was moved and seconded (Murphree/Leavitt) to recommend that the Estes Park Board of Trustees and the Board of Larimer County Commissioners approve the text amendment to the EVDC as presented by staff, with findings recommended by staff. The motion was approved 4-2 with Foster and Schneider voting against. 8.ESTES PARK TROLLEYS S-2 SPECIAL REVIEW The applicant requested approval of an S2 Special Review for the use, “Sightseeing/Tour Vehicle Facility” in the A, Accommodations Zoning District. Summary: this special review was contingent upon approval of the related Code Amendment. Staff found that this use has been established at this location for approximately one year, and impacts have been minimal. Staff recommends that Planning Commission forward a recommendation of approval of the Special Review Use for a Sightseeing/Tour Vehicle Facility in an A, Accommodations Zoning District with the following conditions: 1.The approved use shall generally be consistent with the materials submitted by the applicant, and shall specifically include the applicants proposed use of the facility only as a sales office and point of dispatch for tours, and the limitation on the number of vehicles in the fleet. 17 RECORD OF PROCEEDINGS Estes Valley Planning Commission August 21, 2018 Board Room, Estes Park Town Hall 6 2.Within 30 days of Special Review approval, applicant shall submit a Landscaping Plan to the Community Development Department, providing an effective screening with trees and shrubs from adjacent roads. The Landscaping Plan shall be reviewed and approve by staff, and the landscaping shall be established by the applicant within 60 days after staffs approval of the Landscaping Plan. Landscaping shall be inspected and approved by staff. Staff/Commission Questions: Director Hunt proposed, since the applicant was not present, two alternatives: continue the item to the next meeting or deny the application without prejudice. It was moved and seconded (Foster/White) to continue the Special Review Use for a Sightseeing/Tour Vehicle Facility to September 18, 2018. The motion passed 6-0. 9.UPPER THOMPSON SANITATION DISCTRICT LOCATION AND EXTENT REVIEW Planner W oeber detailed the review of a location and extent for a partial rebuild of the sanitation districts existing office/shop facility in a CO, Outlying Commercial Zoning District. The proposal involves rebuilding an approximately 3000 square foot building, including the office and one of the seven garage bays, all proposed within the existing footprint. Legal notices were published in the Estes Park Trail Gazette and adjacent property owners were notified. Staff recommends the Planning Commission approve the Location and Extent Review Application as submitted by the applicant. Applicant Discussion: Jess Reetz, Cornerstone Engineering, stated that the project is much needed as the facility is old and outdated. It was moved and seconded (Theis/Foster) to approve the Upper Thompson Sanitation District’s application for a Location and Extent Review, with staff findings. The motion passed 6-0. 10. PROPOSED TEXT AMENDMENT TO THE ESTES VALLEY DEVELOPMENT CODE: EVDC §3.2 STANDARD DEVELOPMENT REVIEW PROCEDURE B. NEIGHBORHOOD AND COMMUNITY MEETING, §3.2 F SUMMARY TABLE STANDARD DEVELOPMENT REVIEW PROCESS BY APPLICATION TYPE, CHAPTER 13 DEFINITIONS, AND APPENDIX B SUBMITTAL REQUREMENTS. Planner Becker discussed the proposed Text Amendment that would allow property owners to become informed and involved in the Estes Valley Development Review Process in regard to projects in their neighborhood. Staff/Commission Discussion: An application will be deemed incomplete if meeting is not held. If a meeting was attempted, but did not happen, a letter would need to be submitted stating why. This would apply to anything that requires a public meeting, including Annexation and 18 RECORD OF PROCEEDINGS Estes Valley Planning Commission August 21, 2018 Board Room, Estes Park Town Hall 7 Rezoning. Use classification would only be a recommendation and not required, since use classifications may not be applicable to a specific location. Public Comment: Naomi Hawf, Estes Park Housing Authority, questioned how and what type of notice would be sent. Hunt and Becker answered that a 10 day notice prior to meeting, an ad in the newspaper and a mailing using the same address list as the Community Development office would be required. It was moved and seconded (White/Foster) to recommend that the Estes Park Town Board of Trustees and the Board of Larimer County Commissioners approve the text amendment to the Estes Valley Development Code, according to findings of fact and as recommended by staff. The motion passed 5-0. (Commissioner Murphree left meeting early) 11. REPORTS Due to the length of the meeting, there were no reports given. There being no further business, Chair Leavitt adjourned the meeting at 5:35 p.m. _________________________________ Bob Leavitt, Chair __________________________________ Karin Swanlund, Recording Secretary 19 20 Town of Estes Park, Larimer County, Colorado, August 15, 2018 Minutes of a regular meeting of the Transportation Advisory Board of the Town of Estes Park, Larimer County, Colorado. Meeting held in the Room 203 of Town Hall on the 15th day of August, 2018. Present: Tom Street Belle Morris Janice Crow Ron Wilcocks Gordon Slack Ann Finley Also Present: Greg Muhonen, Public Works Director David Hook, Engineering Manager Dave Deluca, YMCA of the Rockies Center Director Absent: Stan Black Amy Hamrick Linda Hanick Chair Morris called the meeting to order at 12:00 p.m. PUBLIC COMMENT: No public in attendance. APPROVAL OF MINUTES: A motion was made and seconded (Wilcocks/Finley) to approve the July meeting minutes with updates and all were in favor. SHUTTLE UPDATE The Town’s Transit Program Manager, Brian Wells provided shuttle updates to the TAB: Thank you from the Shuttle Committee for TAB member attendance at last week’s meeting July passenger count was down 4% from 2017. The Gold Route was up 2,930 passengers and operated for all of the 31 days. The Gold Route is already at 21,945 in 2018 and the total 2017 ridership was 23,559. The change is attributed to an increased number of day-trip visitors. Feedback indicates that guests are staying at lodging in the valley and traveling to 21 Transportation Advisory Board – August 15, 2018 – Page 2 Estes Park for the day. Lodging occupancy rates are down at some locations in town this summer  Through August 13, ridership is up by 462 passengers over 2017  The passenger total for the Estes Park Free Shuttles surpassed 750,000 riders on July 26th  The Town will retain the stops (in 2019) at the Estes Park Marina (Blue #6) which is on Federal land and at the Fall River Visitor Center (Red #4) because it is within Town limits.  Moving forward Brown route will be a 30-minute route. Wells is working on alternate routes for this and the Silver route for 2019. Chair Morris asked about the possibility of adding bike racks to the shuttles/buses. Wells indicated that in order to do so the vehicles must be owned by the Town (majority are leased). When the new electric trolley comes in a bike rack may be installed. There are no updates regarding the submitted LONO grant. More information is to be received mid to late September. Determination on the second grant application should occur by the end of the year. The bus garage is not part of the grant applications due to budget constraints. A concern was expressed regarding the changing of the existing shuttle stops reasoning that many guests use the service to access downtown. If they’re not shuttled downtown then the Town is not collecting tax revenue. It was also stated that the summer staff at the outlying facilities use shuttle service. There is already a difficult time getting, and retaining, staff during peak times and this creates an unnecessary danger for those forced to try riding their bikes in the dark. Another concern mentioned is that many visitors currently understand they can use shuttles throughout their visit – from the airport and beyond. Those visitors staying at the outlying lodging locations expect shuttle stops and this will impact where they decide to stay. Wells reported that he has received several comments to this affect. The Center Director for the YMCA of the Rockies, Dave Deluca was a member of the public and stated he understands budget restrictions but would like to further discuss the situation with the Town. Deluca can provide transportation for the YMCA staff utilizing their own fleet but needs to budget accordingly. Trustee Liaison Bangs stated the Town Board Meetings offer a public comment period at each meeting and welcomed any public 22 Transportation Advisory Board – August 15, 2018 – Page 3 feedback on the matter. Bangs went on to state that if stopping service to outlying areas in an attempt to elevate in-town service won’t work, the Town Board needs to be made aware and a discussion needs to take place. Executive Director of the Good Samaritan Estes Park Village, Julie Lee, expressed concern that the change in shuttle service will exacerbate traffic congestion situation by requiring more driving downtown. Co-Chair Street asked if there’d been any negotiations with YMCA. Wells confirmed that no negotiations have occurred to date. WAYFINDING – DOWNTOWN PLAN: Town of Estes Park Planner, Brittany Hathaway presented wayfinding samples from communities similar to Estes Park to the TAB. Manager Hook expressed the desire to have uniform design throughout town. The design of the wayfinding signage will occur in 2018 with signage installation budgeted to occur in 2019. A public meeting will tentatively occur in September. Director Muhonen asked the TAB their thoughts on how exhaustive the public outreach should be for this item. Member Finley stated that she felt it would be sufficient to have one very thorough and well-communicated public outreach meeting for this effort. To complete the process, the design determination needs to be finalized in November and will subsequently be presented in a Town Board Study Session in December 2018. Director Muhonen suggested the design follow the Downtown Estes Loop design team’s concept for what will be placed within the limits of that project. Trustee Liaison Bangs recommended that the Parks Advisory Board’s recommendation be weighted similarly in this discussion. Based on the TAB’s review of the design concepts presented, following were the suggestions/preferences communicated: Metal is the preferred framework for the signage Prefer powder-coated over rust finish Incorporate stone/rock for aesthetics Potential metal cutout/silhouette (animals, landscape, etc.) Use Town Logo within all wayfinding Potential to use scaled-down version of the light poles on US 36 next to the parking structure as the frame design consistently 23 Transportation Advisory Board – August 15, 2018 – Page 4 Potential design of metal to match ‘log look’ as installed at the Moraine Avenue Bridge Potential for fun design similar to creation by Parks Division employee, Tonya Ziegler Items to be sure are considered when determining design are: Is it vandal-proof? Is it easy to update/modify signage? Is it inexpensive to maintain? An update was provided regarding the college’s potential effort in designing the Town’s wayfinding program. Their schedule will not allow the design process to be complete in 2018 as the college would not be able to begin their efforts until October, 2018. One other item noted is that any work performed by them is not without cost. There is generally a DOLA grant with a required local match. PROJECTS & DOWNTOWN PARKING MGMT UPDATES: Member Slack presented presentation slides to the TAB reflecting data captured from the 2005 Republic Parking Study as well as data captured for the month of July, 2018. Slack stated that the Republic Study had far more thorough data captured. He asked the TAB what type of parking data they’d like to see presented for analysis of the current parking situation. The TAB determined that the most valuable data, presented in summary form, would be the number of days a given lot is at capacity, and the peak times given lots are at capacity. COMPLETE STREETS DRAFT POLICY: The updated draft Complete Streets Policy created by Co-Chair Street was e-mailed to the TAB requesting that all comments be brought to the August meeting for discussion. Director Muhonen had wordsmithing suggestions to take out hard line details. This policy will ultimately require Town Board approval. Street and Chair Morris suggested a presentation be created highlighting the key points of the policy. Today’s suggested changes will be incorporated and the policy will be brought back to the TAB for final review at the regularly scheduled September meeting. E-BIKE POLICY REVIEW UPDATE: 24 Transportation Advisory Board – August 15, 2018 – Page 5 An e-mail sent to Director Muhonen from Police Captain Eric Rose showing that Larimer County is leaning toward allowing Class I e-bikes on dirt trails and both Class I and II on paved trails. Member Wilcocks expressed that he still feels Class I is better for Estes Park. Member Slack remains uncomfortable with Class II’s being permitted along the Lake Estes Trail. The July vote on e-bikes stands. OTHER BUSINESS With no other business to discuss, Chair Morris adjourned the meeting at 2:01 p.m. 25 26 Town of Estes Park, Larimer County, Colorado, August 16, 2018 Minutes of a regular meeting of the Parks Advisory Board of the Town of Estes Park, Larimer County, Colorado. Meeting held in the Conference Room of the Estes Park Museum on the 16th day of August, 2018. Present Merle Moore Vicki Papineau Wade Johnston Dewain Lockwood Geoffrey Elliot Also Present: Patrick Martchink, Town Board Liaison Greg Muhonen, Public Works Director Megan Van Hoozer, Public Works Administrative Assistant Absent: Brian Berg, Parks Supervisor Chair Merle Moore called the meeting to order at 8:30 a.m. PUBLIC COMMENT Shandria Davis, a community member and potential PAB applicant came to see the PAB operate. She and spouse own music business and a solar home near Long’s Peak. Davis has volunteered for the schools in years past and is a tree enthusiast. She asked questions related to PAB’s involvement with other organizations in the community to better understand the PAB’s role. GENERAL BUSINESS A motion was made and seconded (Papineau/Lockwood) to approve the May meeting minutes and all were in favor. A motion was made and seconded (Johnston/Lockwood) to approve the July meeting minutes and all were in favor. MRS WALSH’S GARDEN (MWG) UPDATE 27 Parks Advisory Board – August 16, 2018 – Page 2 Chair Moore reported that several new plantings have been completed in MWG. Moore expressed concern about the lack of a crosswalk to access MWG from the opposite side of the road. He stressed that safety considerations need to be taken into account rather than basing everything on traffic studies. With more promotion of MWG, there will likely be increased pedestrian traffic. Discussed the possibility of a pedestrian yield sign or an exception granted in this situation for installation of a crosswalk. MWGAC is planning an Open House on August 23 from 5p-8p. The Colorado Native Plants Society, Estes Land Stewardship Association (ELSA), Master Gardners and others will have tables at the event for education about the contents of the garden. MWGAC member is creating a digital map with multiple layers as a guide for the garden. Plant labels have also been placed for easy reference in the garden. The Secretary for the MWGAC resigned her position. The committee is looking to fill the position with an actively interested party. Chair Moore stated he’s not yet received the financial records reflecting expenses paid to date for MWG. OTHER BUSINESS Great Outdoor Colorado (GOCO) and Colorado Green Foundation grants are possible for funding of the needed greenhouse expansion, with grants being made available for amounts up to $75K. Chair Moore would like to meet with Director Muhonen to go over the information. A Letter of Intent to apply for the grant is due August 30 with the full proposal due at the end of October. Determinations on grant recipients will occur in early December and funding will be awarded in early February 2019. Manager McEachern informed the PAB that the greenhouse expansion is on the table via a 2019 funding request submitted. This is a good time to receive the grant information being discussed since it would reduce the funding required by the Town’s General Fund. Utilizing Town staff to complete the grant application could be considered a utility in-kind which would be applied to the local grant match. Manager McEachern asked the PAB if any members would be interested in championing the pursuit of an ordinance requiring 1% of all capital projects to be 28 Parks Advisory Board – August 16, 2018 – Page 3 applied to public art through the AIPP program. Chair Moore has looked at other community art programs and reviewed the associated ordinances. The art should associate to the project location from which it was charged. Moore prefers another PAB member to work with him on this effort. Co-chair Johnston volunteered his time for this effort. Moore will get current copies of ordinances from other communities. Moore stated there’s an organization in Denver that is in charge of all Public Art for the State that can be used as a resource. Trustee Liaison Martchink stated he’s very supportive of this funding mechanism. He went on to mention that the Town’s Utilities Department has many capital projects every year. Member Elliot stated that, throughout town, the invasive plants have been especially bad this year. Elliot asked what role PAB can play, or has played, in addressing the invasive species. He feels more could potentially be done to handle this situation. Member Papineau stated enforcement is key. She also stated that 1,500 noxious weed booklets were printed this year and most all have been distributed. ELSA has also been publishing weekly weed articles in the newspaper. It would be helpful to have a reputable person handle the spraying of the weeds. With no further business to discuss, a motion was made and seconded (Elliot/Lockwood) to adjourn the meeting at 10:22 a.m. and all were in favor. 29 30 Town Clerk Memo To: Honorable Mayor Jirsa Board of Trustees Through: Town Administrator Lancaster From: Jackie Williamson, Town Clerk Date: May 8, 2018 RE: Family Advisory Board Appointment PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENT RESOLUTION OTHER QUASI-JUDICIAL YES NO Objective: To appoint members to the Family Advisory Board. Present Situation: The Town Board approved the formation of the Family Advisory Board at their February 14, 2017 Town Board meeting and appointed 12 members to the Board. The FAB bylaws provide for the FAB to consist of no fewer than 10 and no more the 15 members. The Town Board reappointed three members Nancy Almond, Rachel Balduzzi and Jodi Roman at the April 24, 2018 meeting, and appointed Tyler Schmitt at May 8, 2018 meeting. The Board currently has nine active members. The Town has been advertising the vacancy since April and has recently received two applications. Proposal: Staff confirmed with Trustee Norris/FAB liaison to forego the interview process and recommend to the full Board the appointment of Carrie Brown and Michael Moon with terms expiring April 30, 2021. Carrie Brown As an applicant for the Family Advisory Board I feel that I could bring the following contributions: I am a mother of two grown children; I have first-hand experience raising a family; working for the Estes Park Housing Authority, I encounter unique family situations every day; by working in the community for 2+ years I have learned quite a bit about the challenges that families living in a mountain community face; the ability to listen objectively to all perspectives with the best interest of the community in mind; the ability to effectively communicate with people of various cultures and backgrounds; and I view this opportunity and the responsibility of being a board member seriously. It is my intention to be an active member and participant. Michael Moon My focus on childcare/early childhood education (ECE) needs within the Estes Valley including spearheading efforts to identify the needs for and potential solutions to childcare/ECE issues within the Estes Valley since 2017, chaired the EDC Childcare Services Committee which produced the Childcare Needs Assessment, and Board President of Estes ECE, Inc. a 501(c)(3) focused on developing ECE capacity solutions. Along with our partner organization, EVICS 31 which has active board and executive director participation on the FAB, the presence of Estes ECE, Inc on the FAB provides a more complete coverage of childcare/ECE current and future programing. As a result of my childcare/ECE activities, I have become a strong advocate for an effective solution to our workforce housing needs. I see this as a critical element if businesses within the Estes Valley are to be effective in recruiting and retaining high quality staff. Key to this high-quality staff are young professionals, semi-professionals and hourly workers who have families. Workforce housing is a critical success criterion for Estes ECE with respect to recruitment and retention of high quality ECE directors, teachers and staff necessary to achieve our program goals. As a retired valley citizen who is also an actively involved grandparent I believe I bring a unique perspective of “family” to the FAB that does not currently exist on the board. Finally, I am an active Estes Valley volunteer bringing multiple “family” perspectives to the board including Elder, Presbyterian Community Church of the Rockies, Auxiliary Officer, EPPD and former Estes Valley Planning Commissioner. Advantages: To fill open positions on the Family Advisory Board and bring additional experience from the Housing Authority and Estes ESC Inc. Disadvantages: If the appointments are not made, the position would remain vacant until the position can be re- advertised and interviews conducted. Action Recommended: To appoint Carrie Brown and Michael Moon as listed above. Budget: None. Level of Public Interest. Low. Sample Motion: I move to approve/deny the appointment of Carrie Brown and Michael Moon to the Family Advisory Board for terms expiring on April 30, 2021. 32 PUBLIC WORKS Memo To: Honorable Mayor Jirsa Board of Trustees Through: Town Administrator Lancaster From: Greg Muhonen, PE, Public Works Director David Hook, PE, Public Works Engineering Manager Kelly Stallworth, EI, Public Works Floodplain Manager Date: September 25, 2018 RE: UPPER THOMPSON SANITATION DISTRICT EASEMENT AGREEMENTS (Mark all that apply) PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENT RESOLUTION OTHER EASEMENT QUASI-JUDICIAL YES NO Objective: Public Works seeks approval granting permanent and temporary construction easements to Upper Thompson Sanitation District for the re-building of multiple sewer stream crossings on Town property. Present Situation: Upper Thompson Sanitation District (UTSD) is proposing work to demolish and rebuild several sewer stream crossings within the Town of Estes Park. Several of these crossings are located on Town property, but do not have associated permanent utility easements. The Town Floodplain Development Permit for this work requires any and all easements across private or publicly owned properties to be in place prior to issuance. UTSD has requested that the Town of Estes Park grant these two easements, located near the Carriage Hills Dams and near the Estes Park Visitors Center. Public Works and Town legal counsel have reviewed the easements and recommends granting of said easements. Proposal: UTSD requires the proposed easements to complete their new stream crossings. Public Works and Town legal counsel have reviewed the easements and recommends granting of said easements. Advantages: 33 • Establishes permanent easements on locations already occupied by Upper Thompson Sanitation District. • Improves existing sewer stream crossings to better protect both sewer infrastructure and the stream bed. Disadvantages: • Town granting this easement would obligate a portion of Town property to a specific use. • Town granting this easement would limit possible future other uses in the easement areas on this land. Action Recommended: Public Works staff is requesting approval to grant permanent and temporary construction easements to Upper Thompson Sanitation District. Finance/Resource Impact: This proposal has no financial impact. Level of Public Interest Public interest is expected to be low. Sample Motion: I move for the approval/denial of the attached utility easement agreements on two Town owned parcels to UTSD. Attachments: Easement Agreements. 34 TEMPORARY CONSTRUCTION EASEMENT AGREEMENT This TEMPORARY CONSTRUCTION EASEMENT AGREEMENT is made and entered into this ______ day of ______________________, 2018 (the “Effective Date”), by and between TOWN OF ESTES PARK (“Grantor”) and THE UPPER THOMPSON SANITATION DISTRICT, ESTES PARK, COLORADO, a Colorado municipal utility district, (“Grantee”). 1. Grantor’s Property. Grantor is the owner of that certain parcel of real property located in Larimer County, Colorado, which is legally described as Town of Estes Park, Parcel Number 3525171901, 500 Big Thompson Avenue, Town of Estes Park, County of Larimer, State of Colorado and made a part of this Agreement (the “Property”). 2. Grant of Easement – Consideration. For and in consideration of the covenants and agreements herein set forth, the receipt and sufficiency of which are hereby acknowledged, the Grantor grants, sells and conveys to the Grantee, its successors and assigns, a temporary construction easement (the “TCE”) on, over, under and across the Property as described more fully in Exhibit A, (the “TCE Area”), subject to the conditions and restrictions set forth below. 3. Purpose and Uses of Easement. Grantee may use the TCE Area for the purposes of carrying out activities related to the construction of the (the “Project”) including but not limited to; vehicular and non-vehicular access; the storage and staging of materials and equipment; construction of infrastructure and other construction purposes. 4. Term. The TCE will terminate thirty (30) days after final completion of the Project. 5. Additional Rights of Grantee: Grantor further grants to the Grantee: a. the right of ingress to and egress from the TCE Area over and across the Property by means of any roads and lanes thereon; b. the right to install, maintain, and use all gates in all fences which now cross or shall hereafter cross the TCE Area; c. the right to mark the location of the TCE Area by suitable markers set in the ground. 6. Grantor’s Rights. Grantor reserves the right to use the TCE Area for any purposes that will not interfere with Grantee’s full enjoyment of the rights hereby granted. Grantor will not erect or construct any structure or improvement, or drill or operate any well, construct any reservoir or impoundment or other obstruction, install or plant any trees or woody shrubs, or otherwise improve the TCE Area or change the ground level in the TCE Area during the term of this TCE. 35 7. Maintenance of the TCE Area. a. Grantee will make repairs or take such other action as may be necessary to restore the TCE Area to a condition comparable to its condition prior to the Project, including but not limited to the reseeding and replanting of any disturbed areas in a manner reasonably satisfactory to Grantor, correction of any subsidence, and restoration of any other improvements or conditions impacted by Grantee’s activities. b. Grantee will maintain the surface of the TCE Area in a sanitary condition in compliance with any applicable weed, nuisance and all local legal requirements. c. Grantor will not deposit, or permit or allow to be deposited, earth, rubbish, debris, or any other substance or material, whether combustible or noncombustible, on the TCE Area. 8. Representations of Grantor. Grantor states that it is the lawful owner in fee simple of the Property; that it has good and lawful right and authority to grant, sell and convey said property or any part thereof; and that it will warrant the title of said property. 9. Successors and Assigns. All the covenants herein contained are binding upon and inure to the benefit of the parties hereto, their heirs, personal representatives, successors and assigns. IN WITNESS WHEREOF, the parties have hereunto caused this Temporary Construction Easement Agreement to be executed. GRANTOR: GRANTOR: ___________________________________ ___________________________________ STATE OF COLORADO ) )ss. COUNTY OF LARIMER ) The foregoing instrument was acknowledged before me this ______ day of _________________, 2018, by ______________________ AND ______________________, Grantors. Witness my hand and official seal. My Commission expires: _________________________ ______________________________________________ Notary Public 36 GRANTEE: Upper Thompson Sanitation District _____________________________________ STATE OF COLORADO ) )ss. COUNTY OF LARIMER ) The foregoing instrument was acknowledged before me this ______ day of ________________, 2018, by _________________________, as _______________________ of the Upper Thompson Sanitation District. Witness my hand and official seal. My Commission expires: _________________________ ______________________________________________ Notary Public 37 38 EASEMENT THIS EASEMENT is made this ____ day of __________ , 2018, by and between TOWN OF ESTES PARK (hereinafter referred to as “Grantor”), Its successors and assigns, and UPPER THOMSON SANITATION DISTRICT, a quasi-municipal corporation of the State of Colorado within the County of Larimer (hereinafter referred to as “District”). WITNESSETH: That for and in consideration of the sum of One Dollars ($1.00) and other good and valuable consideration paid by District to Grantor, the receipt of which is hereby acknowledged, the Grantor does hereby grant and convey unto the District, its successors and assigns, a perpetual easement and right to construct, install, remove, replace, add to, maintain, repair, operate, change or alter underground sewer lines and appurtenances, together with any and all sewer lines and manholes situate therein, all necessary rights-of-way for convenient ingress and egress thereto and therefrom, and the right to occupy and use, from time to time, as much of the adjoining land of the Grantor as may be reasonably necessary for any of the aforesaid purposes, over, under and across the following described premises, situate in the County of Larimer, State of Colorado, to wit: A PERMANENT SANITARY SEWER SERVICE EASEMENT A 20-FOOT WIDE PERMANENT SANITARY SEWER SERVICE EASEMENT LOCATED ON OUTLOT D, CARRIAGE HILLS 7th FILIING, TOWN OF ESTES PARK, COUNTY OF LARIMER, STATE OF COLORADO AS SHOWN ON THE PLAT RECORDED IN BOOK 1764 AT PAGE 426 DATED 04/22/1977 AT THE CLERK AND RECORDER OF LARIMER COUNTY, CENTERLINE OF WHICH BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF LOT 66, CARRIAGE HILLS 7th FILING WHENCE THE NORTHEAST CORNER OF SAID LOT 66 BEARS NORTH 65°57'32" EAST WITH ALL BEARINGS RELATIVE THERETO; THENCE ALONG THE SOUTHERY PROPERTY LINE OF SAID LOT 66, NORTH 65°57'32" EAST A DISTANCE OF 55.22 FEET, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID SOUTHERLY PROPERTY LINE, SOUTH 11°14'06" EAST A DISTANCE OF 415.33 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY OF LAKESHORE DRIVE, WITH ALL LINES LENGTHENED AND FORESHORTENED TO MEET EXISTING PROPERTY LINES. SAID EASEMENT CONTAINING 8303 SQUARE FEET MORE OR LESS. (SEE EXHIBIT A) Also, to wit: AN EXCLUSIVE PERMANENT ACCESS EASEMENT 39 2 A 12-FOOT WIDE EXCLUSIVE PERMANENT ACCESSS EASEMENT FOR USE BY UPPER THOMPSON SANITATION DISTRICT LOCATED ON OUTLOT D, CARRIAGE HILLS 7th FILIING, TOWN OF ESTES PARK, COUNTY OF LARIMER, STATE OF COLORADO AS SHOWN ON THE PLAT RECORDED IN BOOK 1764 AT PAGE 426 DATED 04/22/1977 AT THE CLERK AND RECORDER OF LARIMER COUNTY, CENTERLINE OF WHICH BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF LOT 66, CARRIAGE HILLS 7th FILING WHENCE THE NORTHEAST CORNER OF SAID LOT 66 BEARS NORTH 65°57'32" EAST WITH ALL BEARINGS RELATIVE THERETO; THENCE SOUTH 06°19'58" WEST A DISTANCE OF 296.72 FEET TO THE TRUE POINT OF BEGINNING; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT (RADIUS OF SAID ARC BEING 150.00 FEET, CHORD OF SAID ARC BEARS NORTH 83°38'00" EAST A DISTANCE OF 45.20 FEET) A DISTANCE OF 45.37 FEET; THENCE SOUTH 87°42'03" EAST A DISTANCE OF 56.88 FEET; THENCE ALONG THE ARC OF A CURVE TO THE LEFT (RADIUS OF SAID ARC BEING 150.00 FEET, CHORD OF SAID ARC BEARS NORTH 86°00'35" EAST A DISTANCE OF 32.86 FEET) A DISTANCE OF 32.93 FEET; THENCE NORTH 79°43'14" EAST A DISTANCE OF 179.90 FEET; THENCE ALONG THE ARC OF A CURVE TO THE LEFT (RADIUS OF SAID ARC BEING 500.00 FEET, CHORD OF SAID ARC BEARS NORTH 75°54'47" EAST A DISTANCE OF 66.40 FEET) A DISTANCE OF 66.45 FEET; THENCE NORTH 72°06'21" EAST A DISTANCE OF 147.26 FEET; THENCE ALONG THE ARC OF A CURVE TO THE LEFT (RADIUS OF SAID ARC BEING 100.00 FEET, CHORD OF SAID ARC BEARS NORTH 53°59'58" EAST A DISTANCE OF 62.16 FEET) A DISTANCE OF 63.20 FEET; THENCE NORTH 35°53'36" EAST A DISTANCE OF 28.36 FEET; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT (RADIUS OF SAID ARC BEING 100.00 FEET, CHORD OF SAID ARC BEARS NORTH 54°44'15" EAST A DISTANCE OF 64.60 FEET) A DISTANCE OF 65.78 FEET; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT (RADIUS OF SAID ARC BEING 50.00 FEET, CHORD OF SAID ARC BEARS NORTH 83°43'34" EAST A DISTANCE OF 17.61 FEET) A DISTANCE OF 17.71 FEET; THENCE SOUTH 86°07'46" EAST A DISTANCE OF 23.03 FEET; THENCE ALONG THE ARC OF A CURVE TO THE LEFT (RADIUS OF SAID ARC BEING 50.00 FEET, CHORD OF SAID ARC BEARS NORTH 84°44'42" EAST A DISTANCE OF 15.86 FEET) A DISTANCE OF 15.93 FEET; THENCE NORTH 75°37'10" EAST A DISTANCE OF 35.36 FEET; THENCE ALONG THE ARC OF A CURVE TO THE LEFT (RADIUS OF SAID ARC BEING 125.00 FEET, CHORD OF SAID ARC BEARS NORTH 67°22'06" EAST A DISTANCE OF 35.88 FEET) A DISTANCE OF 36.00 FEET MORE OR LESS TO A 40 3 POINT ON THE NORTHERLY RIGHT-OF-WAY OF LAKESHORE DRIVE, SAID POINT BEING THE POINT OF TERMINATION WHENCE THE POINT OF COMMENCEMENT BEARS NORTH 84°05'38" WEST A DISTANCE OF 730.54 FEET, WITH ALL LINES LENGTHENED AND FORESHORTENED TO MEET EXISTING PROPERTY LINES. SAID EASEMENT CONTAINING 9779 SQUARE FEET MORE OR LESS. (SEE ATTACHED EXHIBITS B & C) Grantor warrants that the Grantor has the lawful right to grant such easement, rights-of- way, and sewer lines and that the Grantor, and any successors and assigns, will, at no time, permit any building, landscaping, or other permanent improvement to be hereafter constructed within such easement. Following the completion of the purpose of any entry by the District upon such easement for any of the aforesaid objects, the District shall restore the premises to substantially the same condition existing at the time of the entry thereon, except for trees, shrubs, plants, sidewalks, driveways or parking areas thereon located or damaged thereby. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. 41 4 GRANTOR: By STATE OF COLORADO ) ) ss. COUNTY OF LARIMER ) Subscribed and sworn to before me this _____ day of __________, 2018 by ______________ as ________________ of _________________. Witness my hand and official seal. My commission expires: Notary Public ACCEPTED by the Upper Thompson Sanitation District this _____ day of _________, 2018. UPPER THOMPSON SANITATION DISTRICT By: Jack Reed, Chairman Attest: Ronald Duell, Secretary 42 5 CONSENT __________________ consents to the foregoing Indenture and binds itself, its successors and assigns, the same as through its Deeds of Trust, recorded on ____________, 20__, at Reception Number _______________ of the records of the Clerk and Recorder of ____________ County, Colorado, was made specifically subject to said Indenture. By: Title: STATE OF COLORADO ) )ss. COUNTY OF ____________________ ) Subscribed and sworn to before me this _____ day of __________, 20_____ by _________________ as ________________ of ___________________. Witness my hand and official seal. My commission expires: Notary Public 43 LOT 71 CARRIAGE rt HILLS 7th •"''J, ILING -.t\ � f$ o"-'?,� �"' OUTLOTD CARRIAGE HILLS 7TH FILING 72 .62' -11 I 20' SANITARY -SEWER / EASEMENT TRUE POINT OF BEGINNING OUTLOTD CARRIAGE HILLS 7TH FILING 60' PUBLIC RIGHT-OF-WAY BOOK 1764, PAGE426 04/22/19 77 S 87°55'15" E 385.39' �\VE_ LEGAL DESCRIPTION A PERMANENT SANITARY SEWER SERVICE EASEMENT A 20-FOOT WIDE PERMANENT SANITARY SEWER SERVICE EASEMENT LOCATED ON OUTLOT D, CARRIAGE HILLS 7th FILING, TOWN OF ESTES PARK, COUNTY OF LARIMER, STATE OF COLORADO AS SHOWN ON THE PLAT RECORDED IN BOOK 1764 AT PAGE 426 DATED 04/22/1977 AT THE CLERK AND RECORDER OF LARIMER COUNTY, CENTERLINE OF WHICH BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF LOT 66, CARRIAGE HILLS 7th FILING WHENCE THE NORTHEAST CORNER OF SAID LOT 66 BEARS NORTH 65°57'32" EAST WITH ALL BEARINGS RELATIVE THERETO; THENCE ALONG THE SOUTHERY PROPERTY LINE OF SAID LOT 66, NORTH 65°57'32" EAST A DISTANCE OF 55.22 FEET, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID SOUTHERLY PROPERTY LINE, SOUTH 11°14'06" EAST A DISTANCE OF 415.33 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY OF LAKESHORE DRIVE, WITH ALL LINES LENGTHENED AND FORESHORTENED TO MEET EXISTING PROPERTY LINES. SAID EASEMENT CONTAINING 8303 SQUARE FEET MORE OR LESS. NOTE: THIS EXHIBIT DOES NOT REPRESENT A MONUMENTED SURVEY IT IS INTENDED ONLY TO DEPICT THE ATTACHED DESCRIPTION. EXHIBIT A SANITARY SEWER SERVICE EASEMENT BY: JLR DATE: 06/22/2018 FILE: / / --- ---- 0 I --- ---------- ! N l 50 100 I I SCALE 1" = 100' JOB No: 589.015 44 45 46 Public Works Memo To: Honorable Mayor Jirsa Board of Trustees Through: Town Administrator Lancaster From:Jon Landkamer, Facilities Manager Derek Fortini, Museum Director Date:September 20, 2018 RE: (Mark all that apply) PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENT RESOLUTION OTHER______________ QUASI-JUDICIAL YES NO Objective: Remodel of the Museum to enhance the visitor experience and make the operational space more efficient. Approval of selection of construction contractor for the 2018 Estes Park Museum Remodel. Present Situation: Design for the Estes Park Museum Remodel 2018 was completed in January, 2018 , and the budget for the construction phase of the project was set at $180,000. This project was advertised on Rocky Mountain Bidnet with an original bid closing date of May 17, 2018. There were many questions generated from the construction documents, so the bid opening date was delayed until June 14, 2018. Several contractors attended the mandatory pre-bid meeting in April, but only one contractor, Saunders/Heath Construction submitted a bid for this project. Saunders/Heath bid came in at $215,496. In an effort to keep the project on track, it was decided to negotiat e with Saunders/Heath and “value engineer” (VE) their proposal. Through these negotiations the budget was reduced to the submitted proposal of $179,865. Proposal: The project is on track to start as soon as possible, but most likely the beginning of November and ending January 31, 2019. To prepare the space for the remodel, staff is suggesting that the Museum be closed to the public starting October 2 until March 2019. This closure will allow Museum staff to focus on moving roughly 22,000 historic artifacts from the Museum to the Museum Annex. Closing to the public also saves time on the remodel, allowing the contractor to be more efficient in the delivery of their services, and was part of the VE discussion. 47 Advantages: • Improved Museum visitor experience by enhancing foyer/entry into the Museum and gallery space. • Improved staff and meeting room area for more efficient operations. • Consolidation of all collections to the Museum Annex (once move of off-site collections is complete). • Efficient use of Museum staff to focus on the Museum collections relocation. Disadvantages: • The closure of the Museum for five months. Action Recommended: Board support for this proposed Construction Agreement will get this long anticipated (two years) project underway. Finance/Resource Impact: This project already has an approved total budget of $210,000 , with $18,000 already spent on design. • Project code MUSREM 204-5400-544.32-22. Level of Public Interest Moderate public interest. Sample Motion: I move for the approval/denial Construction Agreement with Saunders/Heath in the not-to-exceed amount of $179,865. Attachments: Construction Agreement with Saunders/Heath. Original bid document from Saunders/Heath. 2018 09 10 Revised Floor Plan with VE 2018 09 10 Trend Log EP Museum Working Copy 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 REF.REF.RECEPTION COUNTER W/OPEN SHELVES UNDER1A2512A2512A2521A2521A3021A3016' - 0"10' - 11 1/4"4' - 0"1' - 10 1/8"5' - 0"11' - 6"1' - 8 1/2"4' - 11 1/2"3' - 7"434' - 2"4' - 8"4' - 4"+/- 12' - 4 3/4"4' - 5 21/32"5 1/2"6' - 10 3/8"STOREFRONT GLAZING- RE: INT. ELEVATIONNEW SUSPENDED"CLOUD" DROPPEDCEILING (+/-10'-0" A.F.F.)NEW 8'-0" PROJECTORSCREENEEEEERECEPTIONRECEPTIONGIFTSHOPSTG.LOBBY(2) NEW 12'-0" PROJECTOR SCREENSPATCH WALL TO MATCH EXISTINGAFTER SOFFIT DEMOLITIONPROJECTORS BY OWNER - COORD.INSTALLATION IN THE FIELDNEW EXTERIOR DOORNEW WALL - RE:GENERAL NOTESNEW WALL (RE: GENERALNOTES) & SALVAGED DOORNEW WALLS (RE: GENERALNOTES) & SALVAGED DOORNEW CASEDOPENINGWORKSTATIONEXHIBITAREAEXHIBITAREAITCLOSETCONF.AREACOLLECTION'S ROOM6' - 4"3' - 6"NEW 32"X40" CASEMENTWINDOWS - MATCH WITHADJACENT WINDOWRE-USE SALVAGED 32"X40"CASEMENT WINDOWS - INSTALLCL OF PREVIOUS WINDOWRE-USE SALVAGED 32"X40"CASEMENT WINDOWS - INSTALLCL OF PREVIOUS WINDOWEEE875EXISTING SIDEWALK -FIELD VERIFYEXISTING SIDEWALK -FIELD VERIFYNEW 48" WIDE SIDEWALK -COORD. IN THE FIELDNEW WALL - RE:GENERAL NOTESNEW WALL - RE:GENERAL NOTESNEW WALL - RE:GENERAL NOTESNEW CUSTOM WALL- RE: GENERALNOTESEXISTING WALL -FIELD VERIFYNEW COLUMN - RE:STRUCT.NEW COLUMN - RE:STRUCT.EXISTING COLUMN -FIELD VERIFYEXISTING WALL -FIELD VERIFYNEW WALL - RE:GENERAL NOTESEXISTING WALL (INFILLOPENINGS AS REQ'D PERPLAN) - FIELD VERIFY103 A252EXISTING WALL -FIELD VERIFYNO WORK INHATCHED AREANO WORK INHATCHED AREALINE OF WORK ZONE -PATCH & FINISH AS REQ'DLINE OF WORK ZONE -PATCH & FINISH AS REQ'D9SALVAGED EXTERIOR DOOR -COORD. WITH FORMER WINDOWOPENING8' - 4 3/8"6' - 6"6DIR.OFFICEWORKSTATION6' - 6 1/2"2GLASS WALLSYSTEM - RE:GENERAL NOTES &DOOR SCHEDULENOTESPENDENT SUSPENSION FOR PROJECTORS11GENERAL NOTES - REMODELED PLAN:1.TYPICAL INTERIOR WALL: 2X4 WOOD STUDS W/ 5/8" GYP. BD. ON EACH SIDE UNLESSOTHERWISE INDICATED (UOI).2.TYPICAL CUSTOM INTERIOR WALL: FRAME WIDTH AS REQ'D. FOR A FLUSH FINISH WITHTHE SECTIONAL PANEL GLAZED DOOR ASSEMBLIES - COORD. WITH STRUCTURAL BEAMABOVE.3.NEW WALL CONTINUED OFF EXISTING WALL: COORD. NEW WALL ASSEMBLY IN THEFIELD FOR A FLUSH & CLEAN CONNECTION BETWEEN THE NEW & EXISTING WALL.4.EXISTING WALL OPENING INFILL: COORD. INFILL WALL ASSEMBLY TO MATCHADJACENT EXISTING WALL.5.ELECTRICAL PLAN TO SERVE AS BASIS FOR DESIGN. PLEASE SUBMIT PLANS FORDEFERRED SUBMITTAL & FIXTURE PROPOSALS. CONFER WITH ARCHITECT& OWNERFOR FINAL FIXTURE SELECTION. FOR BIDDING PURPOSES, PROVIDE ALLOWANCEAMOUNT FOR LIGHTING FIXTURES.FRONT ENTRY / GIFT SHOP:1.SUB-FLOOR / CONCRETE SLAB ON GRADE UNDER REMOVED TILE FLOORING TO BELEVELED AND PREPARED AS REQUIRED BY NEW FLOORING MFR. SPECIFICATIONS ANDWARRANTY. 12" - 18" WOOD BOARDER WITH CARPET INSET INCLUDING IN THE LOBBY,GIFTSHOP & SCREENING ROOM.2.SECTIONAL GLASS PANELED DOORS TO BE INSTALLED IN STRICT CONFORMANCE WITHMFR. SPECIFICATIONS AND WARRANTY. INSTALLATION REQUIREMENTS SHALL BECOORDINATED IN THE FIELD WITH THE MFR., ARCHITECT, STRUCTURAL ENGINEER &OTHER RELATED / ADJACENT TRADES.3.GLASS PANELED WALL SYSTEM BETWEEN LOBBY & SCREENING ROOM BASIS OFDESIGN: MODERNFOLD 362SR-DRS GLASS WALL SYSTEM.4.INSTALLATION OF NEW LIGHTING (MID-RANGE) WITHIN THE RECEPTION & SCREENINGROOM PER ELECTRICAL PLAN.5.STOREFRONT ASSEMBLY TO BE INSTALLED IN STRICT CONFORMANCE WITH MFR.SPECIFICATIONS AND WARRANTY. INSTALLATION REQUIREMENTS SHALL BECOORDINATED IN THE FIELD WITH THE MFR., ARCHITECT, STRUCTURAL ENGINEER &OTHER RELATED / ADJACENT TRADES.6.LIGHTING & INSTALLATION OF FIXTURES SHALL BE IN COMPLIANCE WITH ALLAPPLICABLE GOVERNING ELECTRICAL CODES.7.ELECTRIC FLAT WALL RADIANT PANEL HEAT SOURCE AT THE RECEPTION AREA (UNDERTHE COUNTER).8.PROVIDE VENTILATION ACCESS FOR HVAC SUPPLY / RETURN.9.-10.PROVIDE ALLOWANCE FOR BUILT IN CABINETS WITH DOORS, UP TO THE WINDOW SILLHEIGHT (NO SHELVES ABOVE) ENTIRE LENGTH OF SOUTH WALL OF GIFT SHOP (SHELFON WEST WALL TO REMAIN, COUNTER / CABINET TO RUN BEHIND).11.SIZE AND CONFIGURATION OF RECEPTION DESK TO BE DETERMINED IN THE FIELD ANDSHALL COORDINATE WITH GLASS CASE TO BE PROVIDED BY OWNER. PROVIDE ANALLOWANCE IN TH BUDGET FOR DESK.MEETING ROOM:1.PROVIDE PENDANT OR STRIP SUSPENSION APPARATUS FOR PROJECTORS, LIGHTING &SPEAKERS.2.PROVIDE ALLOWANCE FOR PURCHASE & INSTALLATION OF TWO 12'-0" PROJECTORSCREENS.OFFICE AREA & MUSEUM EXHIBITION AREA:1.INSTALL NEW 48" DOOR (EXTERIOR WOOD CLAD WITH WINDOW LITE) AT BACK OFEXHIBIT AREA2.INSTALL NEW IT CLOSET AND SALVAGED DOOR.3.REINSTALL SALVAGED EXTERIOR DOOR AT NEW STAFF AREA ENTRY.4.INSTALL WALL AND SALVAGED DOOR AR STAFF BATHROOM.5.PROVIDE ELECTRIC AND LIGHTING PER ELECTRICAL PLANScaleDateDrawn ByChecked ByProject NumberSpaceIntoPlace Architecture + DesignGinny Gerhart McFarland, AIAEstes Park, ColoradoPhone: 303.731.3751Email: Ginny@SpaceIntoPlace.comDATE: 2018-01-10 - PRELIMINARY BUILDING PERMIT SETAs indicated1/10/2018 9:28:51 PMA111FIRST LEVEL REMODEL PLAN200 4th St, Estes Park, CO 80517Estes Park Museum RemodelVGMEM05.06.201716007-----0'2'4'8'16'NORTH 3/16" = 1'-0"A1111FIRST LEVEL REMODEL PLANNo. DescriptionDateReuse existingoverheadcoiling doorNew exhibitspaceHallway remainsopen. No newwalls.Existing wall anddoor remainDemo existing walland doorDemo existingwalls and doorDemo opening fornew full lite HMdoor and frame.Existing soffit remains.(2) new project screens move toopposite wallNew wall. Reusedouble door fromlobby as new entryinto Gift ShopExisting wallremains. Cutopening for coilingdoorDelete new reception deskNew paint on walls and ceilingNew carpet67 Options List 1 of 23 Project Name: Estes Park Museum Remodel $ 215,724 Base SD Budget Amount Project #: 18031036 $ (35,859)Accepted Costs 9/6/2018 $ 179,865 Revised SD Budget Amount $ (29,065)Pending Costs Total $-Allowances Total (included in Base Budget Amount) Item#Date Description of Item Team Member Responsibility Decision needed by Pending Costs Accepted Costs Declined Costs Allowance Decision Date Notes 01-0000 GENERAL REQUIREMENTS 01-0010 8/1/18 Delete bond KR ($1,596)If not required by Town of Estes Park 01-0020 8/1/18 Delete construction fence KR ($1,994)($1,994)If exterior sitework is deleted from scope 01-0030 8/1/18 Delete general cleanup KR ($2,160)($2,160)Cleanup to be completed by contractor's onsite supervisor 01-0040 8/1/18 Delete final clean KR ($1,030)($1,030)Final clean to be paid for by owner 02-0000 EXISTING CONDITIONS 02-0010 8/1/18 Change concrete sidewalk to breeze KR $0 02-0020 8/1/18 Delete concrete sidewalk KR ($3,320)($3,320)This option can only be accepted if 09-0030 is also accepted 02-0030 03-0000 CONCRETE 03-0010 03-0020 04-0000 MASONRY 04-0010 04-0020 05-0000 METALS 05-0010 05-0020 06-0000 WOOD/PLASTICS/COMPOSITES 06-0010 8/1/18 Provide allowance for reception desk KR $2,587 Includes plam counter top and 3 sides 06-0020 07-0000 THERMAL/MOISTURE PROTECTION 07-0010 07-0020 08-0000 DOOR/WINDOWS 08-0010 8/1/18 Replace glazed operable partition with existing coiling door KR ($13,814)($13,814) 08-0020 09-0000 DRYWALL/FINISHES 09-0010 8/1/18 Delete wood flooring KR ($6,446)($6,446)Delete wood floor border and replace with carpet 09-0020 8/1/18 New offices in Collections Room with new entry KR $23,032 $23,032 Create new office space in existing collections room 09-0030 8/1/18 Delete base bid work in existing office space KR ($8,025)($8,025) 09-0040 8/1/18 Delete acoustical cloud in lobby KR ($1,800)($1,800) 09-0050 8/1/18 Meeting Room - keep soffit, locate projecter screens over windows KR $5,803 This item cannot be taken along with item 09-0060 09-0060 8/1/18 Meeting room - no base bid work completed KR ($583)($583)This item cannot be taken along with item 09-0050 09-0070 8/1/18 Gift Shop redesign KR ($9,782)($9,782)Extend lobby and provide new entrance to gift shop 09-0080 8/1/18 Adjust to new framing and drywall contractor KR $6,295 $6,295 09-0090 8/1/18 Adjust to new paint contractor KR ($2,360)($2,360) 10-0000 SPECIALTIES 10-0010 10-0020 11-0000 EQUIPMENT 11-0010 8/1/18 Reuse 8' projector screen KR ($1,757)($1,757) 11-0020 12-0000 FURNISHINGS 12-0010 68 Options List 2 of 23 12-0020 14-0000 CONVEYING EQUIPMENT 14-0010 14-0020 21-0000 FIRE SUPPRESSION 21-0010 21-0020 22-0000 PLUMBING 22-0010 22-0020 23-0000 HVAC 23-0010 23-0020 26-0000 ELECTRICAL 26-0010 8/1/18 Revised electrical allowance to fixed cost KR ($6,095)($6,095)Based on meeting with owner and electrical contractor dated 7/25/18 26-0020 8/1/18 Revised lighting allowance to fixed cost KR ($6,020)($6,020)Based on meeting with owner and electrical contractor dated 7/25/18 27-0000 COMMUNICATIONS 27-0010 27-0020 31-0000 EARTHWORK 31-0010 31-0020 32-0000 EXTERIOR IMPROVEMENTS 32-0010 32-0020 33-0000 UTILITIES 33-0010 33-0020 90-0000 CLOSED ITEMS Item#Date Description of Item Team Member Responsibility Decision needed by Pending Costs Accepted Costs Declined Costs Allowance Decision Date Notes 69 Saunders Heath Job #18031036 Option # 00-0010 Date: 7/12/2018 OPTION COST DETAIL Description Cost Code Quantity Unit Unit Cost Cost Extension $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 Subtotal $0 Bond @ 0.000%$0 Subtotal $0 GL/Builders Risk/PL Insurance @ 0.000%$0 Subtotal $0 Construction Contingency @ 0.000%$0 Subtotal $0 Preconstruction @ 0.000%$0 Subtotal $0 Overhead Profit @ 0.000%$0 Subtotal $0 TOTAL $0 REQUESTED SCHEDULE EXTENSION:working days APPROVED________REJECTED________ Signature - Owner Representative Date 70 Saunders Heath Job #18031036 Option # 01-0010 Bond Date: 8/1/2018 OPTION COST DETAIL Description Cost Code Quantity Unit Unit Cost Cost Extension $0 Delete bond 1 ls ($1,596.00)($1,596) Jon will confirm $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 Subtotal ($1,596) Bond @ 0.000%$0 Subtotal ($1,596) GL/Builders Risk/PL Insurance @ 0.000%$0 Subtotal ($1,596) Construction Contingency @ 0.000%$0 Subtotal ($1,596) Preconstruction @ 0.000%$0 Subtotal ($1,596) Overhead Profit @ 0.000%$0 Subtotal ($1,596) TOTAL ($1,596) REQUESTED SCHEDULE EXTENSION:working days APPROVED________REJECTED________ Signature - Owner Representative Date 71 Saunders Heath Job #18031036 Option # 01-0020 Construction Fence Date: 8/1/2018 OPTION COST DETAIL Description Cost Code Quantity Unit Unit Cost Cost Extension $0 Delete construction fence 1 ls ($1,994.00)($1,994) $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 Subtotal ($1,994) Bond @ 0.000%$0 Subtotal ($1,994) GL/Builders Risk/PL Insurance @ 0.000%$0 Subtotal ($1,994) Construction Contingency @ 0.000%$0 Subtotal ($1,994) Preconstruction @ 0.000%$0 Subtotal ($1,994) Overhead Profit @ 0.000%$0 Subtotal ($1,994) TOTAL ($1,994) REQUESTED SCHEDULE EXTENSION:working days APPROVED________REJECTED________ Signature - Owner Representative Date 72 Saunders Heath Job #18031036 Option # 01-0030 General Cleanup Date: 8/1/2018 OPTION COST DETAIL Description Cost Code Quantity Unit Unit Cost Cost Extension $0 Delete general cleanup 1 ls ($2,160.00)($2,160) $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 Subtotal ($2,160) Bond @ 0.000%$0 Subtotal ($2,160) GL/Builders Risk/PL Insurance @ 0.000%$0 Subtotal ($2,160) Construction Contingency @ 0.000%$0 Subtotal ($2,160) Preconstruction @ 0.000%$0 Subtotal ($2,160) Overhead Profit @ 0.000%$0 Subtotal ($2,160) TOTAL ($2,160) REQUESTED SCHEDULE EXTENSION:working days APPROVED________REJECTED________ Signature - Owner Representative Date 73 Saunders Heath Job #18031036 Option # 01-0040 Final Clean Date: 8/1/2018 OPTION COST DETAIL Description Cost Code Quantity Unit Unit Cost Cost Extension $0 Delete final clean 1 ls ($1,030.00)($1,030) $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 Subtotal ($1,030) Bond @ 0.000%$0 Subtotal ($1,030) GL/Builders Risk/PL Insurance @ 0.000%$0 Subtotal ($1,030) Construction Contingency @ 0.000%$0 Subtotal ($1,030) Preconstruction @ 0.000%$0 Subtotal ($1,030) Overhead Profit @ 0.000%$0 Subtotal ($1,030) TOTAL ($1,030) REQUESTED SCHEDULE EXTENSION:working days APPROVED________REJECTED________ Signature - Owner Representative Date 74 Saunders Heath Job #18031036 Option # 02-0020 Concrete to Breeze Date: 8/1/2018 OPTION COST DETAIL Description Cost Code Quantity Unit Unit Cost Cost Extension $0 Delete concrete 1 ls ($3,320.00)($3,320) Add breeze 1 ls $3,320.00 $3,320 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 Subtotal $0 Bond @ 0.000%$0 Subtotal $0 GL/Builders Risk/PL Insurance @ 0.000%$0 Subtotal $0 Construction Contingency @ 0.000%$0 Subtotal $0 Preconstruction @ 0.000%$0 Subtotal $0 Overhead Profit @ 0.000%$0 Subtotal $0 TOTAL $0 REQUESTED SCHEDULE EXTENSION:working days APPROVED________REJECTED________ Signature - Owner Representative Date 75 Saunders Heath Job #18031036 Option # 02-0030 Delete concrete walk Date: 8/1/2018 OPTION COST DETAIL Description Cost Code Quantity Unit Unit Cost Cost Extension $0 Delete concrete 1 ls ($3,320.00)($3,320) $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 Subtotal ($3,320) Bond @ 0.000%$0 Subtotal ($3,320) GL/Builders Risk/PL Insurance @ 0.000%$0 Subtotal ($3,320) Construction Contingency @ 0.000%$0 Subtotal ($3,320) Preconstruction @ 0.000%$0 Subtotal ($3,320) Overhead Profit @ 0.000%$0 Subtotal ($3,320) TOTAL ($3,320) REQUESTED SCHEDULE EXTENSION:working days APPROVED________REJECTED________ Signature - Owner Representative Date 76 Saunders Heath Job #18031036 Option # 06-0010 Reception Desk Date: 8/1/2018 OPTION COST DETAIL Description Cost Code Quantity Unit Unit Cost Cost Extension $0 Delete reception desk - Alternate 1 ls $0.00 $0 Add countertop with supports 1 ls $2,587.00 $2,587 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 Subtotal $2,587 Bond @ 0.000%$0 Subtotal $2,587 GL/Builders Risk/PL Insurance @ 0.000%$0 Subtotal $2,587 Construction Contingency @ 0.000%$0 Subtotal $2,587 Preconstruction @ 0.000%$0 Subtotal $2,587 Overhead Profit @ 0.000%$0 Subtotal $2,587 TOTAL $2,587 REQUESTED SCHEDULE EXTENSION:working days APPROVED________REJECTED________ Signature - Owner Representative Date 77 Saunders Heath Job #18031036 Option # 08-0010 Coiling door Date: 8/1/2018 OPTION COST DETAIL Description Cost Code Quantity Unit Unit Cost Cost Extension Delete structural steel support 1 ls ($2,250.00)($2,250) Delete demo cost to remove coiling door 1 ls ($194.00)($194) Delete glazed operable partition 1 ls ($14,060.00)($14,060) Remove and relocate coiling door 1 ls $2,100.00 $2,100 Add wood material for framed opening 1 ls $230.00 $230 Add labor to install jamb support 8 mh $45.00 $360 Add drywall patch - in base bid 1 ls $0.00 $0 Add paint - in base bid 1 ls $0.00 $0 $0 $0 $0 $0 $0 $0 $0 $0 Subtotal ($13,814) Bond @ 0.000%$0 Subtotal ($13,814) GL/Builders Risk/PL Insurance @ 0.000%$0 Subtotal ($13,814) Construction Contingency @ 0.000%$0 Subtotal ($13,814) Preconstruction @ 0.000%$0 Subtotal ($13,814) Overhead Profit @ 0.000%$0 Subtotal ($13,814) TOTAL ($13,814) REQUESTED SCHEDULE EXTENSION:working days APPROVED________REJECTED________ Signature - Owner Representative Date 78 Saunders Heath Job #18031036 Option # 09-0010 Flooring Date: 8/1/2018 OPTION COST DETAIL Description Cost Code Quantity Unit Unit Cost Cost Extension $0 Delete wood flooring at border 1 ls ($7,583.00)($7,583) Add carpet at border 1 ls $1,137.00 $1,137 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 Subtotal ($6,446) Bond @ 0.000%$0 Subtotal ($6,446) GL/Builders Risk/PL Insurance @ 0.000%$0 Subtotal ($6,446) Construction Contingency @ 0.000%$0 Subtotal ($6,446) Preconstruction @ 0.000%$0 Subtotal ($6,446) Overhead Profit @ 0.000%$0 Subtotal ($6,446) TOTAL ($6,446) REQUESTED SCHEDULE EXTENSION:working days APPROVED________REJECTED________ Signature - Owner Representative Date 79 Saunders Heath Job #18031036 Option # 09-0020 Collections room Date: 8/1/2018 OPTION COST DETAIL Description Cost Code Quantity Unit Unit Cost Cost Extension Delete base bid asbestos abatement 1 ls ($5,075.00)($5,075) Asbestos Abatement 1 ls $7,456.00 $7,456 Demo wall for new entry and window 16 mh $45.00 $720 Sawcutting 1 ls $500.00 $500 Demo carpet - with asbestos removal 1 ls $0.00 $0 Patch masonry 16 lf $25.00 $400 Trim out window inside 1 ea $440.00 $440 Patch siding and install window 1 ls $480.00 $480 Add new full lite hollow metal door and frame 1 ls $1,101.00 $1,101 (1) new window 1 ea $550.00 $550 Floor prep and new carpet 1 ls $2,090.00 $2,090 Framing, drywall, paint 1 ls $0.00 $0 Design/Build Electrical to include (4) data drops, (12) outlets, new lighting 1 ls $12,115.00 $12,115 $0 $0 $0 $0 $0 Subtotal $20,777 Bond @ 0.074%$15 Subtotal $20,792 GL/Builders Risk/PL Insurance @ 0.700%$146 Subtotal $20,938 Construction Contingency @ 0.000%$0 Subtotal $20,938 Preconstruction @ 0.000%$0 Subtotal $20,938 Overhead Profit @ 10.000%$2,094 Subtotal $23,032 TOTAL $23,032 REQUESTED SCHEDULE EXTENSION:working days APPROVED________REJECTED________ Signature - Owner Representative Date 80 Saunders Heath Job #18031036 Option # 09-0030 Delete existing office Date: 8/1/2018 OPTION COST DETAIL Description Cost Code Quantity Unit Unit Cost Cost Extension Delete demo of (3) existing doors 6 mh ($45.00)($270) Delete demo of (5) windows 15 mh ($45.00)($675) Delete demo of drywall 5 mh ($45.00)($225) Delete siding patch at new door/window openings 1 ls ($1,513.00)($1,513) Delete installation of (3) windows 1 ls ($970.00)($970) Delete Doors 5, 6 and 9 1 ls ($1,567.00)($1,567) Delete door installation 1 ls ($360.00)($360) Delete new framing and drywall 1 ls $0.00 $0 Delete new paint 1 ls $0.00 $0 Delete soffit to hide conduits 1 ls ($1,590.00)($1,590) Delete new carpet 1 ls ($855.00)($855) $0 $0 $0 $0 $0 $0 Subtotal ($8,025) Bond @ 0.000%$0 Subtotal ($8,025) GL/Builders Risk/PL Insurance @ 0.000%$0 Subtotal ($8,025) Construction Contingency @ 0.000%$0 Subtotal ($8,025) Preconstruction @ 0.000%$0 Subtotal ($8,025) Overhead Profit @ 0.000%$0 Subtotal ($8,025) TOTAL ($8,025) REQUESTED SCHEDULE EXTENSION:working days APPROVED________REJECTED________ Signature - Owner Representative Date 81 Saunders Heath Job #18031036 Option # 09-0040 Acoustical Cloud Date: 8/1/2018 OPTION COST DETAIL Description Cost Code Quantity Unit Unit Cost Cost Extension $0 Delete acoustical cloud 1 ls ($1,800.00)($1,800) $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 Subtotal ($1,800) Bond @ 0.000%$0 Subtotal ($1,800) GL/Builders Risk/PL Insurance @ 0.000%$0 Subtotal ($1,800) Construction Contingency @ 0.000%$0 Subtotal ($1,800) Preconstruction @ 0.000%$0 Subtotal ($1,800) Overhead Profit @ 0.000%$0 Subtotal ($1,800) TOTAL ($1,800) REQUESTED SCHEDULE EXTENSION:working days APPROVED________REJECTED________ Signature - Owner Representative Date 82 Saunders Heath Job #18031036 Option # 09-0050 Meeting room Date: 8/1/2018 OPTION COST DETAIL Description Cost Code Quantity Unit Unit Cost Cost Extension $0 Demo soffit 1 ls ($583.00)($583) Delete drywall patch 1 ls $0.00 $0 Delete paint 1 ls $0.00 $0 Delete stain beams 1 ls $0.00 $0 Add projector extension arm 2 ea $95.00 $190 Add projector screens 1 ea $5,632.00 $5,632 $0 $0 $0 $0 $0 $0 $0 $0 Subtotal $5,239 Bond @ 0.000%$0 Subtotal $5,239 GL/Builders Risk/PL Insurance @ 0.700%$37 Subtotal $5,276 Construction Contingency @ 0.000%$0 Subtotal $5,276 Preconstruction @ 0.000%$0 Subtotal $5,276 Overhead Profit @ 10.000%$528 Subtotal $5,803 TOTAL $5,803 REQUESTED SCHEDULE EXTENSION:working days APPROVED________REJECTED________ Signature - Owner Representative Date 83 Saunders Heath Job #18031036 Option # 09-0060 Meeting room deduct Date: 8/1/2018 OPTION COST DETAIL Description Cost Code Quantity Unit Unit Cost Cost Extension $0 Demo soffit 1 ls ($583) Delete drywall patch 1 ls $0 Delete paint 1 ls $0 Delete stain beams 1 ls $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 Subtotal ($583) Bond @ 0.740%$0 Subtotal ($583) GL/Builders Risk/PL Insurance @ 0.700%$0 Subtotal ($583) Construction Contingency @ 0.000%$0 Subtotal ($583) Preconstruction @ 0.000%$0 Subtotal ($583) Overhead Profit @ 10.000%$0 Subtotal ($583) TOTAL ($583) REQUESTED SCHEDULE EXTENSION:working days APPROVED________REJECTED________ Signature - Owner Representative Date 84 Saunders Heath Job #18031036 Option # 09-0070 Gift shop Date: 8/1/2018 OPTION COST DETAIL Description Cost Code Quantity Unit Unit Cost Cost Extension Revise framing, drywall and paint to new wall configuration 1 ls $0.00 $0 Delete Door 2 and framed glass is exhibit wall 1 ls ($9,782.00)($9,782) $0 $0 $0 $0 $0 $0 $0 $0 $0 Subtotal ($9,782) Bond @ 0.000%$0 Subtotal ($9,782) GL/Builders Risk/PL Insurance @ 0.000%$0 Subtotal ($9,782) Construction Contingency @ 0.000%$0 Subtotal ($9,782) Preconstruction @ 0.000%$0 Subtotal ($9,782) Overhead Profit @ 0.000%$0 Subtotal ($9,782) TOTAL ($9,782) REQUESTED SCHEDULE EXTENSION:working days APPROVED________REJECTED________ Signature - Owner Representative Date 85 Saunders Heath Job #18031036 Option # 09-0080 Revised framing and drywall quote Date: 8/1/2018 OPTION COST DETAIL Description Cost Code Quantity Unit Unit Cost Cost Extension $0 Delete base bid framing and drywall 1 ls ($9,086.00)($9,086) Add framing and drywall for new design 1 ls $14,765.00 $14,765 $0 $0 $0 $0 $0 $0 $0 $0 $0 Subtotal $5,679 Bond @ 0.074%$4 Subtotal $5,683 GL/Builders Risk/PL Insurance @ 0.700%$40 Subtotal $5,723 Construction Contingency @ 0.000%$0 Subtotal $5,723 Preconstruction @ 0.000%$0 Subtotal $5,723 Overhead Profit @ 10.000%$572 Subtotal $6,295 TOTAL $6,295 REQUESTED SCHEDULE EXTENSION:working days APPROVED________REJECTED________ Signature - Owner Representative Date 86 Saunders Heath Job #18031036 Option # 09-0090 Revised painting quote Date: 8/1/2018 OPTION COST DETAIL Description Cost Code Quantity Unit Unit Cost Cost Extension $0 Delete base bid paint 1 ls ($6,816.00)($6,816) Add paint for new design 1 ls $4,456.00 $4,456 $0 $0 $0 $0 $0 $0 $0 $0 $0 Subtotal ($2,360) Bond @ 0.000%$0 Subtotal ($2,360) GL/Builders Risk/PL Insurance @ 0.000%$0 Subtotal ($2,360) Construction Contingency @ 0.000%$0 Subtotal ($2,360) Preconstruction @ 0.000%$0 Subtotal ($2,360) Overhead Profit @ 0.000%$0 Subtotal ($2,360) TOTAL ($2,360) REQUESTED SCHEDULE EXTENSION:working days APPROVED________REJECTED________ Signature - Owner Representative Date 87 Saunders Heath Job #18031036 Option # 11-0010 Projector screen Date: 8/1/2018 OPTION COST DETAIL Description Cost Code Quantity Unit Unit Cost Cost Extension $0 Reuse existing projector screen 1 ls ($1,757.00)($1,757) $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 Subtotal ($1,757) Bond @ 0.000%$0 Subtotal ($1,757) GL/Builders Risk/PL Insurance @ 0.000%$0 Subtotal ($1,757) Construction Contingency @ 0.000%$0 Subtotal ($1,757) Preconstruction @ 0.000%$0 Subtotal ($1,757) Overhead Profit @ 0.000%$0 Subtotal ($1,757) TOTAL ($1,757) REQUESTED SCHEDULE EXTENSION:working days APPROVED________REJECTED________ Signature - Owner Representative Date 88 Saunders Heath Job #18031036 Option # 26-0010 Revised electrical bid Date: 8/1/2018 OPTION COST DETAIL Description Cost Code Quantity Unit Unit Cost Cost Extension Delete original base bid allowance 1 ls ($32,000.00)($32,000) Add revised electrical base bid 1 ls $25,905.00 $25,905 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 Subtotal ($6,095) Bond @ 0.000%$0 Subtotal ($6,095) GL/Builders Risk/PL Insurance @ 0.000%$0 Subtotal ($6,095) Construction Contingency @ 0.000%$0 Subtotal ($6,095) Preconstruction @ 0.000%$0 Subtotal ($6,095) Overhead Profit @ 0.000%$0 Subtotal ($6,095) TOTAL ($6,095) REQUESTED SCHEDULE EXTENSION:working days APPROVED________REJECTED________ Signature - Owner Representative Date 89 Saunders Heath Job #18031036 Option # 26-0020 Revised lighting allowance Date: 8/1/2018 OPTION COST DETAIL Description Cost Code Quantity Unit Unit Cost Cost Extension Delete original lighting fixture allowance 1 ls ($15,000.00)($15,000) Add revised lighting fixture bid 1 ls $8,980.00 $8,980 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 Subtotal ($6,020) Bond @ 0.000%$0 Subtotal ($6,020) GL/Builders Risk/PL Insurance @ 0.000%$0 Subtotal ($6,020) Construction Contingency @ 0.000%$0 Subtotal ($6,020) Preconstruction @ 0.000%$0 Subtotal ($6,020) Overhead Profit @ 0.000%$0 Subtotal ($6,020) TOTAL ($6,020) REQUESTED SCHEDULE EXTENSION:working days APPROVED________REJECTED________ Signature - Owner Representative Date 90 FINANCE DEPARTMENT Memo To: Honorable Mayor Jirsa Board of Trustees Through: Town Administrator Lancaster From: Duane Hudson, Finance Director Date: September 25, 2018 RE: 2017 Comprehensive Annual Financial Report (CAFR) (Mark all that apply) PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENT RESOLUTION OTHER -Motion QUASI-JUDICIAL YES NO Objective: Obtain formal acceptance of the audit of the Comprehensive Annual Financial Report (CAFR), including the Single Audit Reports, for the year ended December 31, 2017. Present Situation: The Town of Estes Park has received the annual audit of its financial statements as required by State Statute CRS 29-1-603 and, when applicable, the Federal Single Audit Act. The CAFR has been posted online on the Finance webpage at: https://www.colorado.gov/pacific/townofestespark/comprehensive-annual-financial- report This audit covers both the Town’s operations and Visit Estes Park (VEP) as a required component unit. Note 1 Summary of Significant Accounting Policies on page 12 of the CAFR explains the inclusion of VEP. Tyra Litzau, Audit Senior Manager with Anton Collins Mitchell, LLP (ACM) met with the audit committee on August 23, 2018 at 8:00 am to review the CAFR and results of the audit. The independent auditor’s report expressed an unmodified (“clean”) opinion that the financial statements presented fairly, in all material respects, the financial position of the funds and activities of the Town of Estes Park in conformity with Generally Accepted Accounting Principles (GAAP). Management comments are included in two locations, depending on the importance or nature of the comment. During the audit, one material weakness was identified and it is found on page 92 of the CAFR. This comment was related to a duplicate accrual of an accounts payable invoice, one accrual entry made as part of the accounts payable process and the other as a manual journal entry. These entries were made by separate staff so the duplication was not 91 caught until the auditors arrived. A special task has been added to the year-end processes to watch for this type of issue. General management comments and suggestions not requiring inclusion in the CAFR are reported in a separate management letter dated August 23, 2018. There were two comments in the separate management letter, one relating to certified payrolls from subcontractors on the Parking Garage and another relating to an accrual entry missed in in the prior year. These were discussed in more detail during the audit committee meeting. This was the first year the audit was performed by Anton Collins Mitchell, LLP. In addition to helping prepare the CAFR, this CPA firm also prepares a benchmarking report called the “Beyond the Numbers” report which compares the Town’s operations against selected other entities. This report generated quite a bit of discussion within the audit committee. A few wording tweaks were requested on this report, resulting in delaying this presentation from Sept 11th to Sept 25th. This report has been included in the attachment of this agenda item for your reference. To comply with State Statute filing deadlines and also the Single Audit filing deadlines, the CAFR has already been filed with the appropriate agencies. This action item is to formally acknowledge the receipt of the audit by the Town Board, as recommended by the audit committee. Proposal: Approve the audit committee’s recommendation to accept the audit report and CAFR as presented. Advantages: Compliance with State Statutes, bond covenants, and grantor requirements. Disadvantages: None identified. Action Recommended: The audit committee referred the acceptance of the audit report and CAFR for the year ended Dec 31, 2017 to the Town Board for consideration. Finance/Resource Impact: The audit is an ongoing annual obligation budgeted in the following accounts: 101-1500-415-22-01 502-6501-560-22-01 503-6500-560-22-01 The total audit fee for the 2017 audit was $42,500 and was within the budgeted amount. 92 Level of Public Interest Limited public interest has been expressed to date. Sample Motion: I move for the approval/denial of acceptance of the audit report and Comprehensive Annual Financial Report for the year ended December 31, 2017. Attachments: Attachment A: 2017 Management Comment Letter Attachment B: 2017 Beyond the Numbers Attachment C: 2017 Audit Wrap Up Communication 2017 CAFR – Hard copy distributed separately & available online at: https://www.colorado.gov/pacific/townofestespark/comprehensive-annual-financial- report 93 August 23, 2018 Finance Department of the Town of Estes Park, Colorado 170 MacGregor Avenue Estes Park, Colorado 80517 During the course of our audit of the financial statements of the Town of Estes Park, Colorado (the “Town”) for the year ended December 31, 2017, we observed the Town’s significant accounting policies and procedures and certain business, financial, and administrative practices. In planning and performing our audit of the financial statements of the Town as of and for the year ended December 31, 2017, in accordance with auditing standards generally accepted in the United States of America and Government Auditing Standards, we considered the Town’s internal control over financial reporting (internal control) as a basis for designing our auditing procedures for the purpose of expressing our opinion on the financial statements, but not for the purpose of expressing an opinion on the effectiveness of the Town’s internal control. Accordingly, we do not express an opinion on the effectiveness of the Town’s internal control. A deficiency in internal control exists when the design or operation of a control does not allow management or employees, in the normal course of performing their assigned functions, to prevent, or detect and correct misstatements on a timely basis. A significant deficiency is a deficiency, or a combination of deficiencies, in internal control that is less severe than a material weakness, yet important enough to merit attention by those charged with. A material weakness is a deficiency, or a combination of deficiencies, in internal control, such that there is a reasonable possibility that a material misstatement of the Town’s financial statements will not be prevented, or detected and corrected on a timely basis. Our consideration of internal control was for the limited purpose described in the second paragraph of this letter and would not necessarily identify all deficiencies in internal control that might be significant deficiencies or material weaknesses. As a result of our observations, we have the following suggestions for improving the existing internal control. These matters did not affect the fair presentation of the financial statements. Davis Bacon Grant Requirements For certain construction projects that are reimbursed by federal funding, the Town is required to obtain certified payrolls from the contractors and subcontractors that perform construction work for the project. During our Single Audit procedures, we found that the Town had not received all of the certified payrolls from the contractor and subcontractors for the Estes Park Transit Facility Parking Structure. The Town did confirm with the contractor that during the periods not received, no work was conducted for the project. However, the contractor and subcontractors should provide a certified payroll in these instances that states that no work was performed. In addition, we noted that the Town completed its review of the submitted certified payrolls in September and October 2017. We recommend that the Town ensure that it receives certified payrolls for all weeks under the project, even when there is no work performed. IN addition, we recommend that the Town review certified payrolls when submitted to allow the Town to resolve identified issues in a timely manner. Attachment A 94 Open Space Tax Revenue During our testing of open space revenue, we noted that the Town had not accrued revenues received in February 2017 relating to 2016 as accounts receivable in 2016 totaling approximately $40,000. As a result, the Town had thirteen months of revenue recorded for open space tax revenue received from Larimer County in 2017. We recommend that the Town implement a review of revenue recorded to ensure that revenues that are received monthly are recorded in the proper fiscal year. * * * * * We will be happy discuss with you the above recommendations and their implementation at your convenience. This communication is intended solely for the information and use of management and others within the organization and is not intended to be and should not be used by anyone other than these specified parties. We appreciate the outstanding cooperation from your staff that our personnel received during the audit of the Town’s financial statements. Very truly yours, Anton Collins Mitchell LLP Attachment A 95 “Beyond the Numbers” A Closer Look into the Financial and Non- financial Data for the Town of Estes Park, Colorado Prepared by: Anton Collins Mitchell LLP Date: September 25, 2018 This presentation was prepared as part of our audit, has consequential limitations, is restricted to those charged with governance and, if appropriate, management and should not be used by anyone other than those specified parties Attachment B 96 September 25, 2018 Mr. Duane Hudson Finance Director Town of Estes Park, Colorado 170 MacGregor Avenue Estes Park, Colorado 80517 Dear Mr. Hudson, Honorable Mayor and Members of Town Board of Trustees: In the pages that follow this cover letter, we have summarized information extracted from the Town of Estes Park, Colorado’s (the “Town”) annual report, in a manner that will present how the Town’s financial ratios and statistics have changed over the past three years, and also how these same ratios and statistics compare to other municipal organizations similar to yours. We have compiled data from three (3) municipal organizations in the State of Colorado, primarily from the ski towns and other mountain communities, with populations between approximately 2,500 and 12,700, with an average of approximately 8,400. These 3 municipal organizations are the City of Steamboat Springs, City of Glenwood Springs, and Town of Telluride. We have also included in this presentation, discussion that should help you understand what these ratios mean, and interpret the trends observed, as well as the Town’s information in relation to comparative market data. If at any point, you’d desire to discuss this information further, we are always available. Sincerely, Anton Collins Mitchell LLP Attachment B 97 Contents Organization ............................................................................................................. 4  Profile .................................................................................................................. 4  Government-Wide Information ........................................................................................ 5  Change in Net Position as a Percentage of Net Position ....................................................... 5  Revenue Coverage Ratio ............................................................................................ 6  Unrestricted Net Position as a Percentage of Current Year Revenues ....................................... 7  Accumulated Depreciation as a Percent of Depreciable Capital Assets ..................................... 8  Liquidity Ratio ........................................................................................................ 9  Debt to Assets Leverage Ratio ..................................................................................... 10  Total Debt Per Capita ............................................................................................... 11  Tax Revenue Per Capita ............................................................................................ 12  Total Grants, Contributions and Other Intergovernmental Revenue as a Percent of Total Revenues . 13  Total Expense Per Capita .......................................................................................... 14  Total General Government (Administration) Expense Per Capita ........................................... 15  Total Public Safety Expense Per Capita .......................................................................... 16  Total Interest Expense Per Capita ................................................................................ 17  Governmental Fund Information ..................................................................................... 18  Total Debt Service Expenditures as a Percent of Total Revenue ............................................ 18  Capital Outlay Expenditures as a Percent of Total Expenditures ............................................ 19  General Fund Information ............................................................................................ 20  Unassigned Fund Balance as a Percent of Total Revenues .................................................... 20  Intergovernmental Revenue as a Percent of Total Revenue .................................................. 21  Transfers In as a Percent of Total Revenues and Transfers In ............................................... 22  Capital Asset Analysis ................................................................................................. 23  Governmental Activities ............................................................................................ 23  Business-type Activities ............................................................................................ 24  Debt Service Analysis .................................................................................................. 25  Debt Profile .......................................................................................................... 25  Future Maturities .................................................................................................... 26  Attachment B 98 4 Organization The ratios, percentages, and per capita data presented herein are organized into three different sections, starting at the most macro level; the government-wide statements, drilling down next to the governmental funds financial statement level, followed by a more micro level, the General fund financial statements. There is a fourth section which presents future debt service obligations for the business-type and governmental activities, and analyzes the current aging of capital assets for the business-type and governmental activities. The formula used to calculate the ratio, percentage or per capita data is first described, then the data is presented, and finally additional interpretation is discussed. The interpretation of the data is largely derived from our understanding of the organization, heavily supplemented by discussions with senior-level management with the Town of Estes Park, Colorado (the “Town”). Profile 1 The 2017 census data was extracted from the Town’s Comprehensive Annual Financial Report (“CAFR”). Municipality: Town of Estes Park, Colorado Population: 6,3391 Peer Group Size: 2,500 – 12,700 # of Municipalities included in peer group: Three Average Population of Peer Group: 8,386 Largest Population in Peer Group: 12,698 Smallest Population in Peer Group: 2,552 Attachment B99 5 Government-Wide Information Change in Governmental Activities Net Position as a Percentage of Net Position Current Year Change in Net Position --------------------------------------------------- Net Position at the Beginning of the year The change in net position as a percentage of beginning net position provides an indication of whether the financial condition of the municipal organization is improving or deteriorating. This analysis focuses on the change in net position for the governmental activities of the Town. During 2017, the Town’s change in net position was more than the peer group. A significant portion of the Town’s increase in 2017 is due to the construction of large capital assets during 2017, including the parking garage and Fish Creek Road. Attachment B100 6 Revenue Coverage Ratio Governmental Activities Current Year Revenue ----------------------------------------------------------------- Governmental Activities Current Year Expenses This ratio indicates whether the Town’s current revenues are sufficient to provide for annual expenditures. When the ratio exceeds 1.00 : 1, revenues generated from citizens are sufficient to provide for the costs of services received. When the ratio falls below 1.00 : 1, the Town is using net position to fund operations. In 2015 and 2017, the Town’s revenue coverage was greater than the peer group and in 2016 it was less than the peer group. However, the ratio has exceeded 1.00 :1, which indicates that revenues have been sufficient to cover costs. Attachment B101 7 Unrestricted Net Position as a Percentage of Current Year Revenues Governmental Activities Unrestricted Net Position -------------------------------------------------------------- Governmental Activities Current Year Revenues This measures the municipal organization’s ability to sustain an interruption in revenues. For example, a percentage of 25% would indicate that the municipal organization would be able to continue to function at full capacity for a period of approximately three months. The GFOA recommends at least two months in unrestricted net position. The average for the peer group was almost 7.5 months 2017. The Town exceeded the GFOA recommendations in 2015 and 2016. The Town’s governmental activities have used a significant amount of its net position to pay for Fish Creek Road flood damage repair costs which were eventually reimbursed by a FHWA grant later in 2018. In 2017, the Town had restrictions of net position totaling almost $5.3 million for capital projects, parks and recreation and emergencies, or over 8 percent of total net position. The peer group’s restricted net position ranged from less than 1 percent to almost 13 percent of total net position. Attachment B102 8 Accumulated Depreciation as a Percent of Depreciable Capital Assets Governmental Activities Accumulated Depreciation --------------------------------------------------------------- Governmental Activities Depreciable Capital Assets This measures the approximate age of depreciable capital assets. A lower percentage indicates a longer remaining average life of capital assets, and presumably a reduced level of repairs and maintenance. A higher percentage indicates that capital asset replacements or repairs are more likely in the near term. The Town of Estes Park has a relatively higher percentage than the peer group indicating that capital assets are aging at a faster rate than replacement is occurring. The capital assets have less than half of the original estimated useful life remaining. This highlights the importance of continued investment in roads, streets and other governmental asset repairs and replacements. Attachment B103 9 Liquidity Ratio Governmental Activities Liquid Assets ------------------------------------------------------ Governmental Activities Current Liabilities This ratio measures your ability to meet the demands of current obligations from existing cash and liquid investments. A higher ratio indicates that the municipal organization is better positioned to meet current obligations, and anything above 1.00 : 1 is considered acceptable, as it means the Town is not illiquid. Maintaining a 1.00 : 1 position should be considered a baseline threshold in cash management considerations. The Town has experienced a significant amount of construction activity relating to flood recovery repairs and the construction of the new parking garage. Due to the timing of the construction activity and related payments, the Town had recorded liabilities for activity that had been incurred prior to the end of the year but was paid after year-end. These large one-time accounts payable negatively impacts this ratio but are unavoidable when capital projects overlap years. Attachment B104 10 Debt to Assets Leverage Ratio Governmental Activities Total Debt ----------------------------------------------- Governmental Activities Total Assets This ratio measures how much of your assets have been financed using debt versus accumulated earnings (Net Position). It is generally considered favorable to have a lower ratio, and anything less than 0.25 : 1 would be considered acceptable. This ratio was considerably less than the peer group in 2015 and 2016. In 2017, the Town entered into a Lease Purchase Agreement to finance the Estes Park Visitor Center Parking Garage. Capital asset balances comprise the majority of the balance in total assets, which are reduced by depreciation expense. Major capital improvements commonly require debt financing, so monitoring the remaining useful lives and the relative age of infrastructure and major capital assets serves to predict future borrowing requirements. See additional discussions above under “Accumulated Depreciation as a Percentage of Depreciable Capital Assets,” and in later sections of this report. Attachment B105 11 Total Debt Per Capita Governmental Activities Total Debt --------------------------------------------- Population This measures the level of debt burden for which your citizens are responsible. A lower amount improves your ability to borrow future funds at a lower overall cost. The Town of Estes Park debt burden increased in 2017 with the additional of the Lease Purchase Agreement; however, it remains lower than the peer group. See additional discussion above under, “Debt to Assets Leverage Ratio.” Attachment B106 12 Tax Revenue Per Capita Governmental Activities Tax Revenue ----------------------------------------------- Population This measures how much tax each of your citizens is responsible for paying annually. A lower rate is considered favorable, as it indicates that the municipality is better positioned to raise taxes to meet future financial needs. The Town of Estes Park has seen increased taxes paid from 2015 to 2017. For the Town, tax revenues include sales, property, franchise fees, use, lodging and other taxes. The peer group tax revenues include the same sources of taxes. The Town received minimal property taxes during 2017. Both sales tax and franchise fees disproportionally benefit the citizens of the Town, as they can be significantly sourced from outside of the Town’s boundaries (i.e. citizens of other communities’ spending money within the Town of Estes Park). Compared to the Town’s peer group, taxes per citizen are lower by 15.2%. Attachment B107 13 Total Grants, Contributions and Other Intergovernmental Revenue as a Percent of Total Revenues Governmental Activities Operating and Capital Grants/Contributions + Other Intergovernmental Revenue -------------------------------------------------------------------- Governmental Activities Current Year Revenues This measures your reliance on grants, contributions and other outside sources of financing. Generally, a lower ratio is considered encouraging, as it indicates that the municipality is less dependent on sources that are considered unreliable and unpredictable. This ratio can vary depending on the availability of grants and contributions and the Town’s needs. Over the past three years, the Town of Estes Park has received significantly more of these sources of revenues than the peer group, largely related to the numerous flood repair grants. Attachment B108 14 Total Expense Per Capita Governmental Activities Total Expense ------------------------------------------------ Population This measures the average level of cost necessary to provide services to each citizen. Generally, a lower cost per citizen is considered favorable. However, great care should be taken when considering this measure compared to other municipalities or even on a year over year basis. Major factors contributing to this amount include the quality of services provided, and the types of services available to the municipalities’ citizens (i.e. fire protection, parks and recreation, and other services). The Town of Estes Park has increased the level of costs per citizen over the last three years. The Town of Estes Park is a full service government that provides police, public works, culture and recreation to its citizens. The costs are approximately 6 percent greater than the peer group, but not all municipalities in this peer group provide the same level of services. Attachment B109 15 Total General Government (Administration) Expense Per Capita Governmental Activities Total General Government (Administration) Expense -------------------------------------------------------------- Population This measures the average cost per citizen for the delivery of general administrative services. As noted above, a lower amount is generally considered positive; however, the level and quality of services provided significantly affects this number. The trend for these costs is similar to total expenses. General administrative services for the Town include legislative, judicial, executive, administrative, financial administration, community development, facilities, community services and other. Compared to the peer group, the Town of Estes Park’s costs are higher; however, not all municipalities in this peer group provide the same level of services and some of the municipalities recorded expenses for community development and community services in other categories other than general administrative services. Attachment B110 16 Total Public Safety Expense Per Capita Governmental Activities Total Public Safety Expense ------------------------------------------------------------- Population This measures the average cost per citizen for the delivery of public safety services. As noted above, a lower amount is generally considered positive; however, the level and quality of services provided significantly affects this number. These costs have increased from 2015 to 2017. Compared to the peer group, the Town of Estes Park’s costs are higher in 2016 and 2017 (approximately 13% in 2017). The Town includes protective inspection costs under public safety, in addition to police services, while the peer group only reports police services in 2017. Attachment B111 17 Total Interest Expense Per Capita Governmental Activities Total Interest Expense ------------------------------------------------------------ Population Like the debt ratio, this measures the average debt service burden per citizen. A lower amount is considered favorable and generally indicates lower debt service costs (i.e. lower effective interest rate, or less debt). The Town’s interest cost per citizen is considerably lower than the peer group, primarily due to the significantly higher debt load per citizen in the peer group (see analysis on pg. 11). Attachment B112 18 Governmental Fund Information Total Debt Service Expenditures as a Percent of Total Revenue Governmental Funds Total Debt Service Expenditures --------------------------------------------------------------- Governmental Funds Total Revenue This measures the level of current year revenues that are dedicated to meeting the debt service requirements, thereby reducing the amount of revenues available for other services/needs. The Town of Estes Park’s debt service is lower than the peer group. Attachment B113 19 Capital Outlay Expenditures as a Percent of Total Expenditures Governmental Funds Total Capital Outlay Expenditures --------------------------------------------------------------- Governmental Funds Total Expenditures This measures the amount of capital asset expenditures, relative to overall expenditures. Generally, this number fluctuates based on the capital improvement needs of the municipality. The relative age of capital assets may serve as a leading indicator for predicting fluctuations in this number. The Town of Estes Park has seen fluctuations over the past three years, and has remained above the average of the peer group in 2016 and 2017. The Town has incurred significant capital acquisitions relating to the Fish Creek Road flood repairs and the Parking garage design and construction. Attachment B114 20 General Fund Information Unassigned Fund Balance as a Percent of Total Revenues General Fund Unassigned Fund Balance ------------------------------------------------- General Fund Total Revenues This serves as an indicator of the how much of the annual expenditures of the municipality would be covered if the collection of revenues ceased for an indeterminable period of time. Higher percentages are generally viewed positively. However, excessive fund balances may be viewed by citizens as an unnecessary accumulation of resources, barring any planned major improvements. In 2015 and 2016, the Town of Estes Park has maintained a consistent percentage of unassigned fund balance. This decreased in 2017 due to the expenditures incurred for the Fish Creek Road flood repairs where expenditures were incurred in 2017 that were reimbursed in 2018. Expressed in terms of days, the Town had approximately 74 days, 98 days, and 11 days of annual expenditures in unassigned fund balance as of December 31, 2014, 2015, and 2016, respectively. This is compared to 148 days for the Peer Group Average as of December 31, 2017. The GFOA generally recommends an unassigned fund balance of two months, or approximately 60 days. Attachment B115 21 Intergovernmental Revenue as a Percent of Total Revenue General Fund Intergovernmental Revenue -------------------------------------------------- General Fund Total Revenue This ratio reveals the portion of the general fund’s finances that are covered by external sources. A lower percentage is considered favorable as it indicates a reduced reliance on external sources. Over the three year period ending December 31, 2017, the Town of Estes Park’s dependence on intergovernmental revenues has been consistent ranging from 10 percent to a little over 15 percent. The Town has continually been higher than the average of the peer group due to grant related revenues for flood projects and the construction of the parking garage. The intergovernmental revenue is generally capital grants and not operating grants. Attachment B116 22 Transfers In as a Percent of Total Revenues and Transfers In General Fund Transfers In ------------------------------------------------------- General Fund Total Revenues and Transfers In This ratio measures the General Funds reliance on other funds to finance current operations. Higher numbers generally indicate an unfavorable reliance on funding from other funds. The Town of Estes Park has maintained a relatively consistent level of General Fund finances coming from other funds. The Town’s percentage is higher than the peer group, as the Light and Power and Water Funds have subsidized the General Fund out of surplus revenues. Attachment B117 23 Capital Asset Analysis The following analysis presents capital asset balances; cost and accumulated depreciation, and estimates the remaining useful lives by dividing depreciation expense into total net book value by category. This information can be compared to the range of estimated useful lives by category to get a general perspective for how soon assets may require replacement. This is a leading indicator of imminent major capital expenditures. Governmental Activities Depreciable Lives CostAccumulated Depreciation Net Book Value2017 Depreciation ExpenseAverage Remaining LifeGovernmental ActivitiesCapital Assets Being DepreciatedBuildings30 - 40 years 23,525,777$ (10,143,336)$ 13,382,441$ 655,628$ 20.41 YearsInfrastructure25 - 50 years 121,983,862 (86,396,448) 35,587,414 1,721,104 20.68 YearsMachinery and equipment5 - 25 years 8,660,096 (5,130,333) 3,529,763 686,911 5.14 YearsTotals154,169,735$ (101,670,117)$ 52,499,618$ 3,063,643$ Attachment B118 24 Business-type Activities Depreciable Lives CostAccumulated Depreciation Net Book Value2017 Depreciation ExpenseAverage Remaining LifeBusiness-type ActivitiesCapital Assets Being DepreciatedBuildings30 - 40 years 10,266,186$ (3,685,925)$ 6,580,261$ 284,844$ 23.1 YearsInfrastructure25 - 50 years 34,938,064 (14,575,326) 20,362,738 762,312 26.71 YearsMachinery and equipment5 - 25 years 15,155,586 (8,577,506) 6,578,080 406,789 16.17 YearsTotals60,359,836$ (26,838,757)$ 33,521,079$ 1,453,945$ Attachment B119 25 Debt Service Analysis Debt Profile Description Balance Interest Rate Maturity S&P Credit Rating2 Governmental Activities: Certificates of Participation $ 4,540,000 2.430% 2028 Unrated Capital Lease 121,149 3.240% 2019 Unrated Lease Purchase Agreement (including premium) 4,427,381 4.500% 2032 Unrated Business-type Activities: 2007 Light and Power Bonds 3,655,000 3.875% 2027 AA- 2008A Water Loan 3,502,117 3.260% 2028 Unrated $ 16,245,647 2 Based on a rating per the Standard & Poor’s rating website www.standardandpoors.com. The definition for “AA” is, “Very strong capacity to meet financial commitments.” The Definition for “Stable” is, “rating is not likely to change." Attachment B120 26 Future Maturities The following charts are a graphical depiction of future debt maturities, principal and interest, and serve to demonstrate the future funding requirements resulting from debt obligations. Governmental Activities Attachment B121 27 Business-type Activities Attachment B122 Town of Estes Park, Colorado Audit Wrap Up September 25, 2018 This presentation was prepared as part of our audit, has consequential limitations, is restricted to those charged with governance and, if appropriate, management, and is not intended and should not be used by anyone other than those specified parties. DATE Attachment C 123 September 25, 2018 Board of Trustees Town of Estes Park, Colorado 170 MacGregor Avenue Estes Park, Colorado 80517 Professional standards require us to communicate with you regarding matters related to the audit, that are, in our professional judgment, significant and relevant to your responsibilities in overseeing the financial reporting process. We presented an overview of our plan for the audit of the financial statements of the Town of Estes Park, Colorado (the “Town”) as of and for the year ended December 31, 2017, including a summary of our overall objectives for the audit, and the nature, scope, and timing of the planned audit work. This communication is intended to elaborate on the significant findings from our audit, including our views on the qualitative aspects of the Town’s accounting practices and policies, management’s judgments and estimates, financial statement disclosures, and other required matters. We are pleased to be of service to the Town and look forward to meeting with you on September 25, 2018 to discuss our audit findings, as well as other matters that may be of interest to you, and to answer any questions you might have. Respectfully, Anton Collins Mitchell LLP Attachment C 124 Discussion Outline Page Status of Our Audit .................................................................................................... 3 Results of Our Audit ................................................................................................... 4 Internal Control Over Financial Reporting ........................................................................ 6 Other Required Communications ................................................................................... 7 Independence Communication ...................................................................................... 8 GASB Standards Effective in 2017 .................................................................................. 9 GASB Standards Effective in 2018 -2020 ......................................................................... 10 Attachment C 125 3 AUDIT WRAP-UP – DECEMBER 31, 2017 Status of Our Audit We have completed our audit of the financial statements and federal awards as of and for the year ended December 31, 2017. Our audit was conducted in accordance with auditing standards generally accepted in the United States of America and Government Auditing Standards. This audit of the financial statements does not relieve management or those charged with governance of their responsibilities.  The objective of our audit was to obtain reasonable - not absolute - assurance about whether the financial statements are free from material misstatements.  The scope of the work performed was substantially the same as that described to you in our earlier Audit Planning communications.  We issued an unmodified opinion on the financial statements and released our report on July 31, 2018.  We issued a report on our consideration of the Town’s internal control over financial reporting and compliance with certain provisions of laws, regulations, contracts, and grant agreements in accordance with Government Auditing Standards and a report on the compliance with requirements that could have a direct and material effect on each major program and on internal control in accordance the audit requirements of Title 2 U.S. Code of Federal Regulations Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Guidance). We did not identify any deficiencies that we consider to be material weaknesses that could have a direct and material effect on major federal programs for the year ended December 31, 2017.  Our responsibility for other information in documents containing the Town’s audited financial statements does not extend beyond the financial information identified in the audit report, and we are not required to perform procedures to corroborate such other information. However, in accordance with professional standards, we have read the information included by the Town and considered whether such information, or the manner of its presentation, was materially inconsistent with its presentation in the financial statements. Our responsibility also includes calling to management’s attention any information that we believe is a material misstatement of fact. We have not identified any material inconsistencies or concluded there are any material misstatements of facts in the other information that management has chosen not to correct.  All records and information requested by Anton Collins Mitchell LLP (“ACM”) were freely available for our inspection.  Management’s cooperation was excellent. We received full access to all information that we requested while performing our audit, and we acknowledge the full cooperation extended to us by all levels of Town personnel throughout the course of our work. Attachment C 126 4 AUDIT WRAP-UP – DECEMBER 31, 2017 Results of Our Audit ACCOUNTING PRACTICES, POLICIES, AND ESTIMATES The following summarizes the more significant required communications related to our audit concerning the Town’s accounting practices, policies, and estimates: The Town’s significant accounting practices and policies are those included in Note 1 to the financial statements. These accounting practices and policies are appropriate, comply with generally accepted accounting principles and industry practice, were consistently applied, and are adequately described within Note 1 to the financial statements. There were no changes in significant accounting policies and practices during 2017. Significant estimates are those that require management’s most difficult, subjective, or complex judgments, often as a result of the need to make estimates about the effects of matters that are inherently uncertain. The Town’s significant accounting estimates, including a description of management’s processes and significant assumptions used in development of the estimates, are disclosed in Note 1 of the financial statements. Management did not make any significant changes to the processes or significant assumptions used to develop the significant accounting estimates in 2017. Primary Areas of Focus and Considerations and Findings Revenue Recognition: The Town’s major source of revenues consists of property taxes, sales and use taxes, intergovernmental grants and contributions, and charges for services. The Town records revenues when earned. Property taxes are recognized as revenues in the year for which they are levied. Grants and similar items are recognized as soon as all eligibility requirements imposed by the provider have been met. Accounts Receivable and Allowances: Accounts receivable represents amounts due from citizens and businesses for property and sales taxes, customers for utilities and other governmental entities. Capital Assets and Depreciation: Capital assets of the Town continue to be a significant area of the financial statements. Accordingly, as part of the audit, we paid particular attention to the costs of newly acquired assets, repairs and maintenance expenditures on existing capital assets, and the depreciation expense of these assets. Long-term Obligations: The Town currently has outstanding obligations consisting of a certificate of participation, capital lease and lease purchase agreement in its governmental activities totaling almost $9.1 million. In addition, the Town has light and water bonds and a water loan totaling almost $7.2 million in its business-type activities. Accordingly, we have applied certain procedures over balances, future maturities, and accrued interest associated with the applicable leases, along with compliance with the lease agreements. It appears that the Town is properly accounting for these obligations. Pension Reporting: The Town has a defined benefit plan administered by the Public Employees’ Retirement Association of Colorado (“PERA”). The PERA plan is a multiple-employer defined benefit plans. The Town has reported their proportionate share of the collective amounts for the plan as a whole. In addition, changes in the net pension asset and net pension liability were recognized as pension expense or reported as deferred outflows/inflows of resources depending on the nature of change. Attachment C 127 5 AUDIT WRAP-UP – DECEMBER 31, 2017 Results of Our Audit Evaluation of Going Concern: No going concern issues were noted during our audit. Evaluation of Estimates: Estimates were determined to be reasonable and free of bias. Single Audit Procedures: Because the Town expended more than $750,000 of federal grant funds, the Town was subject to a single audit pursuant to the audit requirements of Title 2 U.S. Code of Federal Regulations Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (“Uniform Guidance”). Accordingly, ACM performed procedures on internal controls, and certain compliance requirements associated with the Town’s major federal awards. CORRECTED AND UNCORRECTED MISSTATEMENTS Please refer to the schedule of corrected misstatements or Adjusting Journal Entries (“AJEs”). Please refer to the schedule of uncorrected misstatements. We concur with management’s assessment that the effects of not recording such adjustments are, both individually and in aggregate, immaterial to the consolidated financial statements taken as a whole, considering both qualitative and quantitative factors. QUALITY OF THE TOWN’S FINANCIAL REPORTING A discussion was held regarding the quality of the Town’s financial reporting, which included the following:  Qualitative aspects of significant accounting policies and practices  Our assessment of critical accounting policies and practices  Our conclusions regarding significant accounting estimates  Significant unusual transactions  Financial statement presentation  New accounting pronouncements  Alternative accounting treatments Attachment C 128 6 AUDIT WRAP-UP – DECEMBER 31, 2017 Internal Control Over Financial Reporting In planning and performing our audit of the financial statements, we considered the Town’s internal control over financial reporting (internal control) as a basis for designing our auditing procedures for the purpose of expressing our opinion on the financial statements, but not for the purpose of expressing an opinion on the effectiveness of the Town’s internal control. Accordingly, we do not express an opinion on the effectiveness of the Town’s internal control. Our consideration of internal control was for the limited purpose described above and was not designed to identify all deficiencies in internal control that might be significant deficiencies or material weaknesses. We are required to communicate, in writing, to those charged with governance all material weaknesses and significant deficiencies that have been identified in the Town’s internal controls over financial reporting. The definitions of control deficiency, significant deficiency and material weakness follow: Category Definition Deficiency in Internal Control A deficiency in internal control exists when the design or operation of a control does not allow management or employees, in the normal course of performing their assigned functions, to prevent, or detect and correct misstatements on a timely basis. Significant Deficiency A deficiency or combination of deficiencies in internal control that is less severe than a material weakness, yet important enough to merit attention by those charged with governance. Material Weakness A deficiency or combination of deficiencies in internal control, such that there is a reasonable possibility that a material misstatement of the District’s financial statements will not be prevented, or detected and corrected on a timely basis. In conjunction with our audit of the financial statements, we noted the following material weakness: Material Weakness Comments Adjusting Journal Entry During our testing, we noted that the Town had recorded $724,945 as both a reconciling item on its cash account and as an accounts payable. As a result, cash was understated and the related expense was overstated in the Town’s accounting records. We recommend the Town implement a process over the review of significant reconciling items on the bank reconciliations and year-end accruals to ensure that amounts are properly recorded. We have communicated to management of the Town, in a separate letter, control deficiencies that were identified as a result of our audit that we did not consider to be material weaknesses or significant deficiencies. Attachment C 129 7 AUDIT WRAP-UP – DECEMBER 31, 2017 Other Required Communications Following is a summary of those required items, along with specific discussion points as they pertain to the Town: Requirement Discussion Points Significant changes to planned audit strategy or significant risks initially identified There were no significant changes to the planned audit strategy or significant risks initially identified and previously communicated to those charged with governance as part of our Audit Planning communications. Obtain information from those charged with governance relevant to the audit There were no matters noted relevant to the audit, including, but not limited to: violations or possible violations of laws or regulations; risk of material misstatements, including fraud risks; or tips or complaints regarding the Town’s financial reporting that we were made aware of as a result of our inquiry of those charged with governance. If applicable, nature and extent of specialized skills or knowledge needed related to significant risks There were no specialized skills or knowledge needed, outside of the core engagement team, to perform the planned audit procedures or evaluate audit results related to significant risks. Consultations with other accountants We are not aware of any consultations about significant accounting or auditing matters between management and other accountants where we have identified a concern regarding such matters. Our evaluation of the Town’s relationships and transactions with related parties and their impact on the financial statements We have evaluated the Town’s process to identify, authorize and approve, account for, and disclose its relationships and transactions with related parties and noted no significant issues. Disagreements with management There were no disagreements with management about matters, whether or not satisfactorily resolved, that individually or in aggregate could be significant to the Town’s financial statements or to our auditor’s report. Significant difficulties encountered during the audit There were no significant difficulties encountered during the audit. If applicable, other matters significant to the oversight of the Town’s financial reporting process, including complaints or concerns regarding accounting or auditing matters There are no other matters that we consider significant to the oversight of the Town’s financial reporting process that have not been previously communicated. Representations requested from management Please refer to the management representation letter. Attachment C 130 8 AUDIT WRAP-UP – DECEMBER 31, 2017 Independence Communication Our engagement letter to you dated January 4, 2018 describes our responsibilities in accordance with professional standards and certain regulatory authorities and Government Auditing Standards with regard to independence and the performance of our services. This letter also stipulates the responsibilities of the Town with respect to independence as agreed to by the Town. Please refer to that letter for further information. Attachment C 131 9 AUDIT WRAP-UP – DECEMBER 31, 2017 GASB Standards Effective in 2017 GASB STATEMENT NO. 74, ACCOUNTING AND FINANCIAL REPORTING FOR POSTEMPLOYMENT BENEFIT PLANS (OPEB) OTHER THAN PENSION PLANS Provides reporting requirements for OPEB plans and applies to both defined benefit and defined contribution plans administered through trusts that meet certain criteria: 1.Contributions are irrevocable, 2.Plan assets are dedicated to providing benefits according to the plan terms, 3.Plan assets are legally protected from creditors. Guidance is also provided for plans not held in trust. The requirements follow GASB 67, requiring the statement of net positon and statement of changes in fiduciary net positon as well as the same RSI schedules. The pronouncement will be effective starting with years ending June 30, 2017. GASB STATEMENT NO. 80, BLENDING REQUIREMENTS FOR CERTAIN COMPONENT UNITS, AN AMENDMENT OF GASB 14 Specifies that a component unit incorporated as a nonprofit when the primary government is the sole member would be reported by the primary government as a blended component unit. The pronouncement will be effective starting with years ending June 30, 2017. GASB STATEMENT NO. 82, PENSION ISSUES Addresses three issues that arose during implementation of GASB 67 and 68. 1.The first relates to the definition of covered payroll included in Required Supplementary Information. Covered payroll is compensation paid to employees on which contributions are based. 2.The pronouncement also clarifies that a deviation from actuarial standards is not considered to be in conformity with the requirements of GASB 67 or 68 for selection of assumptions in determining the total pension liability. 3.The last issue relates to employer-paid member contributions, commonly referred to as employer “pick-up”. When an employer pays contributions on behalf of members they should be classified as member contributions for GASB 67 plan statements and as employee contributions for GASB 68 reporting and included in salary expense. The pronouncement will be effective starting with years ending June 30, 2017. GASB STATEMENT NO. 81, IRREVOCABLE SPLIT-INTEREST AGREEMENTS Will require governments to recognize assets, liabilities and deferred inflows at fair value when the government is a beneficiary of an irrevocable split-interest agreement. Examples include charitable lead trusts, charitable remainder trusts and life-interest in real estate. The pronouncement will be effective starting with years ending December 31, 2017. Attachment C 132 10 AUDIT WRAP-UP – DECEMBER 31, 2017 GASB Standards Effective in 2018 -2020 GASB STATEMENT NO. 75, ACCOUNTING AND FINANCIAL REPORTING FOR POSTEMPLOYMENT BENEFITS OTHER THAN PENSIONS  Establishes measurement criteria for the Other Postemployment Benefits (OPEB) liability of state and local governments and mirrors the requirements of GASB 68.  For plans administered through trust governments must recognize the net OPEB liability.  For plans not administered through trust the government must recognize the total OPEB liability.  The pronouncement will be effective starting with years ending June 30, 2018. GASB STATEMENT NO. 83, CERTAIN ASSET RETIREMENT OBLIGATIONS  Establishes measurement criteria for recording a liability for the retirement or removal of certain assets such as:  Nuclear power plants  Sewage treatment facilities  Coal-fired power plant  Wind turbines  X-ray machines  Governments with legal obligations to perform future asset retirement activities related to its tangible capital assets would be required to recognize a liability.  A liability and corresponding deferred outflow is recorded when the liability is both incurred and reasonable estimable.  The liability is based on best estimate of current value of outlays expected to be incurred.  Must be both an external obligating event, such as a court judgment or federal, state or local law; and an internal obligating event, such as contamination or retirement.  The pronouncement will be effective starting with years ending June 30, 2019. GASB STATEMENT NO. 84, FIDUCIARY ACTIVITIES  Establishes criteria for reporting fiduciary activities that focuses on whether the government controls the assets and the fiduciary relationship with the beneficiaries.  The statement describes four fiduciary funds: 1. Pension and OPEB funds 2. Investment trust funds 3. Private-purpose trust funds 4. Custodial funds  Custodial funds replace agency funds for activities that are not held in trust.  For activities for which a trust agreement exists, an investment trust fund or private purpose trust fund will be used.  Pension funds not held in trust would be classified as custodial funds.  The pronouncement will be effective starting with years ending December 31, 2019. Attachment C 133 11 AUDIT WRAP-UP – DECEMBER 31, 2017 GASB Standards Effective in 2018 -2020 GASB STATEMENT NO. 85, OMNIBUS 2017 Addresses several practice issues that have been identified during implementation of certain GASB Statements: 1.Blending a component unit when the primary government is a business-type activity that reports in a single column. 2.Reporting amounts previously reported as goodwill and negative goodwill. 3.Classifying real estate held by insurance entities. 4.Measuring certain money market instruments at amortized cost. 5.Timing of the measurement of pension or OPEB liabilities and expenditures in governmental fund financial statements. 6.Recognizing on-behalf payments for pensions or OPEB in employer financial statements. 7.Presenting payroll-related measures in RSI for OPEB plans and employers that provide OPEB. 8.Classifying employer-paid member contributions for OPEB. 9.Simplifying certain aspects of the alternative measurement method for OPEB. 10.Accounting and reporting for OPEB provided through certain multiple-employer defined benefit OPEB plans. The pronouncement will be effective starting with years ending June 30, 2018. GASB STATEMENT NO. 86, CERTAIN DEBT EXTINGUISHMENT ISSUES Resolves issue of how to record in-substance defeasance of debt when solely existing resources are used. Current standards only address reporting requirements when debt is extinguished using bond proceeds. When cash or other existing resources are placed in an irrevocable trust to extinguish debt it is considered to be in-substance defeasance, assuming all criteria are met. The difference between the reacquisition price and the net carrying amount of the debt will be recognized as a separately identified gain or loss in the period of defeasance. This differs from current practice when debt is extinguished using bond proceeds, whereby the difference is deferred. Payments to the escrow agent from existing resources should be reported as debt service expenditures in governmental fund types. The pronouncement will be effective starting with years ending June 30, 2018. Attachment C 134 12 AUDIT WRAP-UP – DECEMBER 31, 2017 GASB Standards Effective in 2018 -2020 GASB STATEMENT NO. 87, LEASES  This standard will require recognition of certain lease assets and liabilities for leases that are currently classified as operating leases.  Eliminates the distinction between operating and capital leases - all leases will be recorded on the statement of net position/balance sheet. • New definition of a lease - a contract that conveys the right to use another entity’s nonfinancial asset for a period of time in an exchange or exchange-like transaction.  Excludes leases that transfer ownership under a bargain purchase option or service concession arrangements that are covered by GASB Statement No. 60.  Lessees would recognize a lease liability and an intangible right-to-use lease asset which would be amortized in a systematic and reasonable manner over the shorter of the lease term or the useful life of the underlying asset. Short-term leases are excluded.  Lessor would recognize lease receivable and deferred inflow of resources which would be recognized as revenue in a systematic and rational manner over the term of the lease.  The pronouncement will be effective starting with years ending December 31, 2020. Attachment C 135 Estes AJE Year End: December 31, 2017 Started by Prepared by Detail Review Adjusting Journal Entries KRS 7/26/2018 TLL 7/30/2018 Date: 1/1/2017 To 12/31/2017 General Review Partner FC Review Account No: AJE-01 To AJE-99 TLL 7/30/2018 Number Date Name Account No Reference Annotation Debit Credit Recurrence Misstatement AJE-01 12/31/2017 CURRENT ASSETS / POOLED CASH 502-0000-101.00-00 502 A.02 724,945.00 AJE-01 12/31/2017 UTILITY EXPENDITURES / PURCHASED POW 502-6100-520.28-08 502 A.02 707,337.00 AJE-01 12/31/2017 UTILITY EXPENDITURES / WIND POWER 502-6100-520.28-18 502 A.02 17,608.00 AJE-01 12/31/2017 CURRENT ASSETS / INTERNAL CLEARING AC999-0000-100.00-00 999 A.02 724,945.00 AJE-01 12/31/2017 CHECKING ACCOUNT / BANK OF COLORADO 999-0000-101.10-05 999 A.02 724,945.00 To reclass January energy payment booked in December. AJE-02 12/31/2017 OTHER ASSETS / DO-CONTR AFTER MEASU 503-0000-170.00-00 503 3,379.00 AJE-02 12/31/2017 DEFERRED OUTFLOW / PERA CONT SUBS M 503-0000-190.00-00 503 41,542.00 AJE-02 12/31/2017 DEFERRED OUTFLOW / PERA CHG PROPOR 503-0000-191.00-00 503 104,632.00 AJE-02 12/31/2017 DEFERRED OUTFLOW / PERA CHG IN EXPER503-0000-192.00-00 503 31,609.00 AJE-02 12/31/2017 DEFERRED OUTFLOW / CHANGE IN ASSUMP 503-0000-193.00-00 503 180,270.00 AJE-02 12/31/2017 DEFERRED POSTEMPLOY BENEF / NET PEN 503-0000-238.10-00 503 726,422.00 AJE-02 12/31/2017 DEFERRED POSTEMPLOY BENEF / DEF INFL 503-0000-238.20-00 503 60.00 AJE-02 12/31/2017 DEFERRED POSTEMPLOY BENEF / DEF INFL 503-0000-238.30-00 503 2,856.00 AJE-02 12/31/2017 DEFERRED POSTEMPLOY BENEF / PERA CH 503-0000-238.40-00 503 25,895.00 AJE-02 12/31/2017 EMPLOYER BENEFITS / PENSION BENEFIT E 503-6200-530.14-90 503 99,566.00 AJE-02 12/31/2017 EMPLOYER BENEFITS / PENSION BENEFIT E 503-6300-540.14-90 503 243,380.00 AJE-02 12/31/2017 EMPLOYER BENEFITS / PENSION BENEFIT E 503-6400-550.14-90 503 30,203.00 AJE-02 12/31/2017 EMPLOYER BENEFITS / PENSION BENEFIT E 503-6500-560.14-90 503 52,872.00 To record the activitiy for GASB 68 in the Water Fund. AJE-03 12/31/2017 OTHER ASSETS / DO-CONTR AFTER MEASU 502-0000-170.00-00 502 38,438.00 AJE-03 12/31/2017 DEFERRED OUTFLOW / PERA CONT SUBS M 502-0000-190.00-00 502 95,023.00 AJE-03 12/31/2017 DEFERRED OUTFLOW / PERA CHG PROPOR 502-0000-191.00-00 502 3,799.00 AJE-03 12/31/2017 DEFERRED OUTFLOW / PERA CHG IN EXPER502-0000-192.00-00 502 51,131.00 AJE-03 12/31/2017 DEFERRED OUTFLOW/CHANGE IN ASSUMPT 502-0000-193.00-00 502 298,795.00 AJE-03 12/31/2017 DEFERRED POSTEMPLOY BENEF / NET PEN 502-0000-238.10-00 502 1,036,112.00 AJE-03 12/31/2017 DEFERRED POSTEMPLOY BENEF / DEF INFL 502-0000-238.20-00 502 99.00 AJE-03 12/31/2017 DEFERRED POSTEMPLOY BENEF / DEF INFL 502-0000-238.30-00 502 10,538.00 AJE-03 12/31/2017 DEFERRED POSTEMPLOY BENEF / PERA CH 502-0000-238.40-00 502 45,997.00 AJE-03 12/31/2017 EMPLOYER BENEFITS / PENSION BENEFIT E 502-6301-540.14-90 502 472,019.00 AJE-03 12/31/2017 EMPLOYER BENEFITS / PENSION BENEFIT E 502-6401-550.14-90 502 61,936.00 AJE-03 12/31/2017 EMPLOYER BENEFITS / PENSION BENEFIT E 502-6501-560.14-90 502 148,383.00 To report the GASB 68 activity for the Light and Power Fund. 3,352,368.00 3,352,368.00 Net Income (Loss) (3,517,546.00) 7/30/2018 10:19 AM Page 1 Attachment C 136 Estes PAJE Year End: December 31, 2017 Started by Prepared by Detail Review Passed Adjusting Journal Entries KRS 7/26/2018 TLL 7/30/2018 Date: 1/1/2017 To 12/31/2017 General Review Partner FC Review TLL 7/30/2018 Number Date Name Account No Reference Annotation Debit Credit Recurrence Misstatement PAJE-01 12/31/2017 FUND BALANCE / UNRESERVED FUND BALA 220-0000-253.00-00 220 10.05 40,046.00 PAJE-01 12/31/2017 COUNTY SHARED REVENUES / OPEN SPACE220-0000-338.20-00 220 10.05 40,046.00 To adjust 2017 revenue for amounts received in February 2017 related to 2016 rvenue. 40,046.00 40,046.00 Net Income (Loss) (3,557,592.00) 7/30/2018 10:19 AM Page 1 Attachment C 137 138 RESOLUTION #20-18 A RESOLUTION IN SUPPORT OF THE LARIMER COUNTY NOVEMBER 6, 2018 BALLOT ISSUE FOR MENTAL HEALTH CARE SERVICES FOR RESIDENTS OF LARIMER COUNTY WHEREAS, the term “mental health” refers to cognitive, behavioral, and emotional wellbeing that can affect daily life, relationships, psychological resilience and even physical health; and WHEREAS, mental illness and substance use disorders are serious health issues for 1 in 5 people in Larimer County and are treatable chronic health conditions; and, WHEREAS, mental illness and substance use disorders are serious health issues for children, teens, adults and seniors in Larimer County and, although great strides have been made, many of our citizens experience the negative effects of metal health issues themselves or through family members, neighbors or friends; and WHEREAS, comprehensive, community-based services that respond to those with mental health needs are cost-effective and access to necessary medication and appropriate treatment helps prevent individuals from ending up in emergency rooms and the criminal justice system; and WHEREAS, the provision of a continuum of mental health services in our community is critical to individuals, families, schools, businesses, law enforcement and healthcare providers and there is a strong and growing body of evidence that supports the cost effectiveness and benefits to communities that have successfully implemented continuums of mental health and related care; and WHEREAS, it is in the best interest and welfare of Larimer County Citizens that they have the option of voting on a sales tax to fund mental health care services for residents of Larimer County; and WHEREAS, this initiative will begin to address the growing behavioral health needs in our community. Because this proposal aims to ensure people have access to the help they need through a continuum of care in their community and that treatment is an investment in the health and well-being of our communities. NOW THEREFORE BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK do hereby support the Larimer County November 6, 2018 Ballot Issue for Mental Health Care services for Residents of Larimer County. DATED this day of 2018. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 HomeHome The NeedThe Need A Local SolutionA Local Solution News & MoreNews & More HistoryHistory History Our commitment to a mental health continuum of care and future facility was envisioned and informed by YOU—the residents of Larimer County. 154 NEED ASSISTANCE?  Get the help you need here. Print | Sitemap 155 156 TOWN ATTORNEY Memo To: Honorable Mayor Jirsa Board of Trustees Through: Town Administrator Lancaster From: Gregory A. White Date: September 19, 2018 RE: Appointment of Two Trustees to Visit Estes Park Board (Mark all that apply) PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENT RESOLUTION OTHER:Motion to Appoint QUASI-JUDICIAL YES NO Present Situation and Proposal: Currently there are two vacancies on the Visit Estes Park Board of Directors. The two vacancies are Town appointments. The Intergovernmental Agreement for the Estes Park Local Marketing District between the Town and the County dated September 19, 2017 (“IGA”) only requires that each Director of the Marketing District be a resident of the Service Area of the District for at least one year prior to his/her appointment and continue to be a resident of the Service Area during his/her entire term. The Town Trustees meet these requirements. There is no prohibition in the State statute prohibiting elected officials from serving as Directors on the Visit Estes Park Board. Accordingly, the Larimer County Commissioners have indicated that it would be desirable for the Town to fill the two current vacancies on the Visit Estes Park Board by appointing two Trustees to fill those vacancies. Advantages: •Appointment of two Trustees as Directors of the Visit Estes Park Board of Directors will provide better oversight in the governance of Visit Estes Park as has been discussed between the Town Board and the Larimer County Commissioners. •Appointment of two Trustees to the Visit Estes Park Board will allow the Town and the County Commissioners to review and, if appropriate, approve the Visit Estes Park Operating Plan for 2019 as required by the State statute. Failure to approve the Visit Estes Park Operating Plan for 2019 will result in the 157 cancellation of the marketing and promotional tax to be levied by the District for 2019. • The Town and the County Commissioners will have adequate time to review possible amendments to the IGA with regard to governance of Visit Estes Park including, but not limited to, the appropriate number of elected officials of the Town and County to serve as Directors of the Visit Estes Park Board. Disadvantages: None. Action Recommended: Approval of the appointment of two Trustees to the Visit Estes Park Board to fill the current two vacancies on the Visit Estes Park Board. Finance/Resource Impact: There is no budgetary impact. Level of Public Interest Current governance by the Visit Estes Park Board of Directors has engendered considerable public interest and comment. Sample Motion: I move to appoint Trustee _______________ and Trustee __________________ to the Visit Estes Park Board of Directors. Trustee _______________ term shall run from the date of this appointment until December 31, 2019 and Trustee __________________ term shall run from the date of this appointment until December 31, 2020. Attachments: Attached is a copy of the Intergovernmental Agreement for the Estes Park Local Marketing District. 158 159 160 161 162 163 164 165       166 TOWN ADMINISTRATOR Memo To: Honorable Mayor Jirsa Board of Trustees From: Town Administrator Lancaster Date: September 25th, 2018 RE: A RESOLUTION OPPOSING “AMENDMENT 74”, AN ATTEMPT TO AMEND THE COLORADO CONSTITUTION TO DRASTICALLY LIMIT STATE AND LOCAL GOVERNMENT SERVICES AT A HIGH COST TO TAXPAYERS PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENT x RESOLUTION OTHER______________ QUASI-JUDICIAL YES NO Objective: For the Board to take an official position in opposition to Amendment 74, “Just Compensation for Reduction in Fair Market Value by Government Law or Regulation” which will be on the fall general election ballot Present Situation: Amendment 74 seeks to amend Section 15 of Article II of the Colorado Constitution to require just compensation if private property has “reduced fair market value by government law or regulation”. As this Amendment will have negative impacts on local governments if passed. Specifically: •Amendment 74 undermines the ability of state and local governments to effectively represent their constituents and protect their interests in vital areas such as clean water and air, zoning enforcement, and infrastructure improvements. •Under the current Colorado Constitution, a property owner already has the right to seek compensation from state or local governments. Amendment 74 expands this well-established concept by requiring the government – i.e., the taxpayers – to pay private property owners for virtually any decrease in the “fair market value” of their property due to a government law or regulation. •No one truly knows how this proposed expansion of Section 15 could impact Colorado or local governments... But adding this language to the Constitution will add new layers of ambiguity to the Constitution and leave local governments and taxpayers with unprecedented levels of legal exposure. 167 • This ambiguity will result in taxpayer dollars going towards lawsuits, which either means a rise in taxes or a reduction in government services for neighborhoods, including parks, police, and utilities. • Any change in law or regulation, even those broadly desired by a community or those in the interest of health, safety, and welfare, could be challenged by private land owners. Governments will be reluctant to address important policy issues. • Amendment 74 will undoubtedly lead to increased legal exposure and costly litigation that will increase costs for government programs and services. These will be paid for at the taxpayers’ expense. • Municipalities will become collateral damage in private property disputes between owners who feel their property rights have been diminished at the behest of another. Any action by a local government could require that these property owners be compensated. • Amendment 74 has unintended consequences which will cost Colorado communities too much money, while at the same time putting Colorado citizens in danger. It is a very risky proposition for our communities, our families, and our Colorado. Proposal: That the Town Board consider adopting the resolution opposing Amendment 74. Advantages: A resolution will help inform Estes Park Citizens of the impacts of Amendment 74. By adopting a resolution in opposition, staff is free to speak on behalf of the Town, in opposition of Amendment 74, to the press and the public. Citizens will become award of how passage of Amendment 74 would have considerable impact on local land use and other decisions, and could greatly impact the adoption of a new Comprehensive Plan for the Estes Valley. Disadvantages: Some citizens may support Amendment 74 and will disagree with the Town Boards’ position. Action Recommended: That the Board approve the RESOLUTION OPPOSING “AMENDMENT 74”, AN ATTEMPT TO AMEND THE COLORADO CONSTITUTION TO DRASTICALLY LIMIT STATE AND LOCAL GOVERNMENT SERVICES AT A HIGH COST TO TAXPAYERS Finance/Resource Impact: none 168 Level of Public Interest high Sample Motion: I move that the Board (adopted/ not adopt) the RESOLUTION OPPOSING “AMENDMENT 74”, AN ATTEMPT TO AMEND THE COLORADO CONSTITUTION TO DRASTICALLY LIMIT STATE AND LOCAL GOVERNMENT SERVICES AT A HIGH COST TO TAXPAYERS Attachments: Resolution 169 RESOLUTION #21-18 A RESOLUTION OPPOSING “AMENDMENT 74”, AN ATTEMPT TO AMEND THE COLORADO CONSTITUTION TO LIMIT STATE AND LOCAL GOVERNMENT SERVICES AT A HIGH COST TO TAXPAYERS WHEREAS, local government services are essential to the citizens of the Town of Estes Park; and WHEREAS, Amendment 74 has been written by certain corporate interests to change the text of the Colorado Constitution, Article II, Section 15; and WHEREAS, Amendment 74 declares that any state or local government law or regulation that “reduces” the “fair market value” of a private parcel is subject to “just compensation;” and WHEREAS, while Amendment 74 is stated in simple language, it has far reaching and serious impacts; and WHEREAS, under the current Colorado Constitution, a property owner already has the right to seek compensation from state or local governments; and WHEREAS, Amendment 74 would expand this well-established concept by requiring the government – i.e., the taxpayers – to compensate private property owners for virtually any decrease whatsoever in the fair market value of their property traceable to any government law or regulation; and WHEREAS, Amendment 74 would severely limit the ability of Colorado’s state and local governments to do anything that might indirectly, unintentionally, or minimally affect the fair market value of any private property; and WHEREAS, Amendment 74 would drastically diminish the ability of our state and local governments to adopt – let alone attempt to enforce – reasonable regulations, limitations, and restrictions upon private property; and WHEREAS, Amendment 74 would place laws, ordinances, and regulations designed to protect public health and safety, the environment, our natural resources, public infrastructure, and other public resources in jeopardy; and WHEREAS, Amendment 74 would directly impact zoning, density limitations, and planned development including restrictions on development in residential zoned areas; and WHEREAS, Amendment 74 would make inherently dangerous or environmentally damaging activities prohibitively costly to attempt to limit or regulate, even in the interest of public health, safety, and welfare; and 170 WHEREAS, any arguable impact upon fair market value – however reasonable or justified or minimal or incidental or temporary – resulting from state or local government action could trigger a claim for the taxpayers to pay; and WHEREAS, governments would be vulnerable to lawsuits for almost every decision to regulate or not to regulate, making regular government function prohibitively expensive for the taxpayer; and WHEREAS, similar efforts have been attempted and defeated in other states, such as the states of Washington and Oregon; and WHEREAS, the fiscal impact for similar language in Washington was estimated at $2 billion dollars for state agencies and $1.5 billion for local governments over the first six years; and WHEREAS, individuals filed several thousand claims against state and local governments with an estimated value in excess of several billions of dollars in claims in Oregon before the residents repealed the takings initiative three years after its passage. NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO that the Board of Trustees hereby expresses its opposition to Amendment 74 that will be placed on the November 6, 2018 Ballot, and strongly urges a vote of “NO”. DATED this day of 2018. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk 171 EMPOWEREDCITIESANDTOWNS,UNITEDFORASTRONGCOLORADO1144ShermanStreet.Denver,CO80203•(p)303-831-64111866-57&-O93rtft-963-86U_81ThSEP192818WhatfollowsisabriefsummaryofasignificantstatewideballotmeasureontheNovemberballot,Amendment74,“JustCompensationforReductioninFairMarketValuebyGovernmentLaworRegulation.”Amendment74couldhavedramaticimpactsonstateandlocalgovernments.Yourcarefulanalysisofthismeasureisstronglyencouraged,aswellascommunicationwithcountycommissioners,neighboringmunicipalleaders,businessinterestslikeyourchamber,neighborhoodgroups,andthecommunityatlarge.Thispacketcontainsseveralimportantdocumentsandweurgecarefulreview.Pleasegoto.cml.orgformoreinformationorcontactmedirectlyatsmametccml.org.WeneedyourhelptodefeatAmendment74.PROPOSEDAMENDMENT74Amendment74,draftedbyout-of-statecorporateinterestsseekstoamendSection15ofArticleIIoftheColoradoConstitutiontorequirejustcompensationifprivatepropertyhas“reducedfairmarketvaluebygovernmentlaworregulation”.Shroudedinsimplelanguage,Amendment74willhavefarreachingandpotentiallydisastrousconsequences.KeyHighlights(NotComprehensive)•UnderthecurrentColoradoConstitution,apropertyowneralreadyhastherighttoseekcompensationfromstateorlocalgovernments.Amendment74expandsthiswell-establishedconceptbyrequiringthegovernment—i.e.,thetaxpayers—tocompensateprivatepropertyownersforvirtuallyanydecreasewhatsoeverinthefairmarketvalueoftheirpropertyduetoanygovernmentlaworregulation.•Justaboutanymunicipalactioncouldresultinalawsuit.Anyinactioncouldaswell,iftheeffectiseventheslightestdropinanindividualproperty’sfairmarketvalue.”•Theobligationtocompensateistriggeredwithoutregardtohowlongsomeonehasownedthepropertyorwhattheintentionsoractionsofthepropertyownerare.•Therearenoexceptionsforhealth,safety.andgeneralwelfareregulationsorthoseactionsmandatedbythefederalorstategovernments.•Oncepassed.thereisnoflexibilitygrantedtotheGeneralAssemblytoimplementthismeasure:onlytheColoradoSupremeCourtwillbelefttointerprettheAmendment,includingwhat“fairmarketvalue”and‘reduced”means.Thislitigationwillcomeatahighcosttostateandlocalgovernments,paidforbytaxpayers.Decisionsonkeymailerswillcometoahaltwhileawaitingfurtherclarificationfromthecourts.•Thebottomline:Amendment74willrequirelargepayoutsfromstateandlocalgovernments,whichmeanshighertaxesforcitizensandareductioninessentialgovernmentservicessuchasparks,police,utilities,etc.Wedon’tyetknowhowfarreachingthisAmendmentwillbe,onlythathaspotentialtobedisastrousforourstateandlocalgovernments.MunicipalImpacts•Thismeasurewillcripplelocalbudgetsthroughbothincreasedlegalcostsandpayoutstoindividualpropertyowners.Anydecisionbyagovernmentbodywouldbevulnerabletolawsuits,withthecostbornebytaxpayers.•Municipalservicesunderthreatofbeingreducedinclude:oParks,recreationcenters,andneighborhoodpools;oPoliceofficersandpoliceservices:oTrashcollection;oMaintenanceofgasandwatermainlines;oMaintenanceofstreetsandsidewalks;oLicensureofbusinesses;andCMLCOLORAL)oMUNICIPAL[EAcutTo:InterestedMunicipalOfficialsFrom:SamMamet,ExecutiveDirectorDate:September2018Subject:Amendment74IntroductoryMemo oMaintenanceoflandusecodestoprotectthestructureandcharacterofneighborhoods.•TheStateofOregonbrieflyenactedasimilarstatute,andinafewshortyearsthemeasureledtothousandsofindividualclaims,totalinginexcessofseveralbilliondollars.Threeyearsafterthestatutepassed,Oregonvotersrealizedtheextentofthestatuteontheeconomicvitalityofthestateandeffectivelyrepealedthestatute.Ourcommunities—andourstate—simplycannotaffordtheimpactsofthismeasure.ExamplesofPotentialMunicipalImpacts•InfrastructureImprovements.Colorado’spopulationisexpectedtonearlydoubleby2050.Stateandlocalgovernmentswillhavetoexpandpublicroadstoaccommodatenewresidents.UnderAmendment74,governmentscouldbesuedbynearbypropertyownersaffectedbyanyinfrastructureimprovementsduetolossinthefairmarketvalueoftheirhomescausedbyconstruction,busierstreets,noise,andgeneralchangestothecharacterofneighborhoods.ThisAmendmentwillmakeitextremelydifficultforstateandlocalgovernmentstoimproveorreplaceallkindsofpublicimprovementssuchasstormwater,electricutilities,sewage,rightsofways,easements,andtransportationinfrastructurebecauseofpotentialliability.•RegulationofAirbnb.Airbnbisawayforhomeownerstomakeincomeontheirprivatepropertybyrentingtheirpropertiesforapernightfee.However,utilizingAirbnbhascausedneighboringhomeownerstoraiseconcernsaboutcrimeandsafety;noiselevels,especiallywhentheshorttermrentalsareusedforlargeparties;andagenerallossofcommunityintheirneighborhoods.UnderAmendment74,anyactionacitycouncilortownboarddecidestotakeunderthisscenariocouldleavethemvulnerabletolawsuitsfromindividualpropertyowners:eitherlawsuitsoverthelossinrentalincomeifamunicipalityforbidsshorttermrentalsinacertainareaorlawsuitsoverthelossinfairmarketvaluetoindividualpropertybecauseofadecreaseinthecharacter,safety,andsoundqualityofaneighborhood.•Broadband.Votersinover100countiesandmunicipalitiesacrossColoradohavetoldtheirlocalleaderstoexplorepublicprivatepartnershipsforbetterbroadbandaccess.Statelawhasallowedthisprocesssince2005.Anincumbentprovidercouldsuethelocalgovernmentforreducingthebusinessinvestmentpreviouslymade,eventhoughtheservicehasbeeninferior,causingsuchavotetooccurinthefirstplace.Theeffortstoimproveruralbroadbandaccessmaybethreatened.•AdultEntertainmentEstablishments.Municipalitiesusezoningtoformthecharacterofneighborhoodsandensureawell-balancedcommunity.Aspartofthis,manymunicipalitieslimitthelocationofadultentertainmentestablishments.Ifamunicipalityregulateswhereanadultentertainmentestablishmentcanbe,anownercouldsueforlossinfairmarketvalueasoneparticularlocationmayattractmorebusinessthananother.IfthemunicipalitymovestoallowadultentertainmentestablishmentstoconductbusinessanyWiere,thenpropertyownersadjacenttotheseestablishmentsmaysueforlossinfairmarketvalueoftheirpropertyif,forexample,thecrimeraterises.•EconomicDevelopment.Incentivestoattractnewindustryorretainexistingbusinessesaredoneasamatterofcourseinmanyjurisdictionsacrossthestate.ItisacontributingfactortoColorado’sstrongeconomy.IfAmendment74passes,thispracticemaybestifledbyanindividualwhosuesalocalgovernmentthatisprovidingincentives,claimingtheirproperty’sfairmarketvalueisreduced.Localgovernmentswillhavetoweighthebenefitofbringinginbusinesseswiththedetrimentofpayingforindividuallawsuits.Statewideeconomicdevelopmentgroupsarerightlyconcernedaboutthisaspectoftheproposal.UrbanrenewalandredevelopmentprojectsmaysimilarlybeimpactedbythenegativeeffectsofAmendment74.•AffordableHousing.Municipalleaderscontinuetostrugglewithhowtobestaddresstheaffordablehousingchallengesmanyofourcommunitiesface.Onewaycommunitiesaddresstheproblemisthrougharezoningtoallowforaffordablehousing.However,underAmendment74,anindividualmaysuebecausethepolicyreducesthefairmarketvalueoftheirneighboringproperty.Suddenly,aprojectthathaswidesupportinacommunityhasbeenthwarted,attheexpenseofallthetaxpayersinthatcityortown.•LandUse.Thedecisionmakingaroundlanduseandzoningiscomplicatedenough.Analreadycomplexprocesstoapproveanewdevelopmentwillnowtakeevenlongerandwillbemorecostlybecausemunicipaldecisionmakerswillhavetoensuretheirdecisionscausetheleastamountofliability.EveryactionmayhaveanewconsequenceandinactionmayresultinlegalexposureunderAmendment74.Governmentactionsaffecteveryareaofacitizen’sdailylifefromcollectingtrash,toemployingpoliceofficers,tokeepingcommunitiessafe.RequiringgovernmentstopayforanyreductioninfairmarketvaluewillcripplestateandlocalgovernmentsinColorado,withtheburdenpaidbytaxpayerswhomustalsocontendwithareductionofgovernmentservices.Vote“NO”onAmendment74.Protectourneighborhoods.Urgeyourfriendsandassociatestodothesame.2 RECEIVEDJAN2520132:t6P.1.ColoradoSecretaryofState2017-2018#108—FinalDraftJustCompensationforReductioninFairMarketValuebyGovernmentLaworRegulationBeitEnactedbythePeopleoftheStateofColorado:SECTION1.IntheconstitutionofthestateofColorado,amendsection15ofarticleHasfollows:Section15.Takingpropertyforpublicuse—compensation,howascertained.Privatepropertyshallnotbetaken,ofdamaged,ORREDUCEDINFAIRMARKETVALUEBYGOVERNMENTLAWORREGULATIONforpublicorprivateuse,withoutjustcompensation.Suchcompensationshallbeascertainedbyaboardofcommissioners,ofnotlessthanthreefreeholders,orbyajury,whenrequiredbytheowneroftheproperty,insuchmannerasmaybeprescribedbylaw,anduntilthesameshallbepaidtotheowner,orintocourtfortheowner,thepropertyshallnotbeneedlesslydisturbed,ortheproprietaryrightsoftheownerthereindivested;andwheneveranattemptismadetotakeprivatepropertyforauseallegedtobepublic,thequestionwhetherthecontemplatedusebereallypublicshallbeajudicialquestion,anddeterminedassuchwithoutregardtoanyegis1ativeassertionthattheuseispublic.3 ElectedOfficialOppositiontoAmendment74Purpose:Asamplelettertotheeditor,asocialmediapost,orspeechremarksIopposeAmendment74andrespectfullyrequestyoutovote“no”onthisballotmeasureinNovember.IfAmendment74passes!itwillobstructourabilitytomakelocaldecisions,reducegovernmentservices,andincreasetaxes.UnderthecurrentColoradoConstitution,apropertyownerhastherighttoseekcompensationfromstateorlocalgovernmentsforanypropertytaken.Amendment74expandsthiswell-establishedconceptbyrequiringthegovernment—i.e.,thetaxpayers—tocompensateprivatepropertyownersifastateorlocalgovernmentlaworregulation“reduces”The‘lairmarketvalue’oftheirproperty.Whilethislanguagemayappearharmless,Amendment74wouldseverelylimitlocalgovernmentsfrommakingregulatoryorlandusedecisionswithouttaxpayersbearingtheburdenofsignificantcostsfromindividualpropertyownerssuinginresponsetothosedecisions.Insuchanenvironment,governmentwouldhavedifficultyaccomplishingevenitsmostbasicfunctions.Unfortunately,Amendment74wouldlockthelanguageintotheColoradoConstitution,makingitvirtuallyimpossibletochange.Amendment74isunnecessary.Courtremediesalreadyexist,underestablishedprinciples,whenanindividualbelievesgovernmentregulationhasunreasonablyimpactedpropertyvalues.Amendment74wouldexpandthoseprincipleswithoutanylimitationsorstandardsbywhichclaimscouldbemeasuredduetovaguelanguage.Theresultwouldbethateverydecisionbygovernmentbodieswillbevulnerabletolawsuits,withthecostbornebytaxpayers.Everymunicipalpolicydecisionwhichfocusesonzoning,landuse,liquor,marijuanaandotherformsoflicensing,ordinanceenforcementtoprotectpublicsafety,affordablehousinginitiatives,environmentalprotection(especiallywhenmandatedbystateorfederalregulation),urbanrenewalandredevelopment,andprohibitionsofundesirableusessuchasanadultentertainmentbusinessinaneighborhood,righttofarmordinances,governmentaldecisionmakingmoratoriaoncertainindustrialusesallwillbesubjecttoattackwhenaplaintiffallegessuchagovernmentalactionorregulationreducesaproperty’sfairmarketvalue.Thiswillhaveachillingeffectontheabilityoflocalgovernmentstoexercisetheirauthority,ifpassed.Amendment74mayalsocrippleourlocalbudgetthroughbothincreasedlegalcostsandpay-outstoindividuallandowners.TheStateofOregonbrieflyenactedasimilarstatute,andinjustthreeyears,thousandsofclaimswerefiledinstatecourtstotalingbillionsofdollarsinclaims.Threeyearsafterthepassageofthestatute,oncevotersrealizedtheextentofthiseconomiccalamity,theyeffectivelyrepealedit.Ourcommunities—andourstate—simplycannotaffordtheimpactsofthismeasure.Nowisatimewhenlocalgovernmentsneedtobeinvestinginpoliceservices,fightingwildfires,transportationinfrastructure,andothercrilicalgovernmentfunctionsespeciallywiththeprojectedincreaseinourpopulation.IfAmendment74passes,itwouldimpedestateandlocalgovernmentabilitytoprovidecriticalserviceswhileincreasingthecostofgovernmentatthetaxpayers’expense.Asalocalofficial,myprimaryresponsibilityistoserveyouandtoprotectyourhealth,safety,andwelfare.Ourlocalgovernmentshouldbeabletoexercisethisdutywithouttheconstantthreatofcostlylitigationthatunderminesthequalityoflifeandeconomichealthofourcommunities.ThisAmendmenthasfartoomanyunintendedconsequences.Irespectfullyaskyoutovote“No”onAmendment74.4 RESOLUTIONNUMBERARESOLUTIONOPPOSING“AMENDMENT74”,ANATTEMPTTOAMENDTHECOLORADOCONSTITUTIONTODRASTICALLYLIMITSTATEANDLOCALGOVERNMENTSERVICESATAHIGHCOSTTOTAXPAYERSWHEREAS,localgovernmentservicesareessentialtothecitizensof[nameofmunicipality];andWHEREAS,Amendment74hasbeenwrittenbycertainout-of-statecorporateintereststochangethetextoftheColoradoConstitution,ArticleIl,Section15.whichdatesbackto1876andthreatensbasicgovernmentalservices;andWHEREAS,Amendment74declaresthatanystateorlocalgovernmentlaworregulationthatreduces’thelairmarketvalue”ofaprivateparcelissubjectto‘justcompensation;’andWHEREAS,whileAmendment74isshroudedinsimplelanguage,ithasfarreachingandunintendedimpacts;andWHEREAS,underthecurrentColoradoConstitution.apropertyowneralreadyhastherighttoseekcompensationfromstateorlocalgovernments;andWHEREAS,Amendment74wouldexpandthiswell-establishedconceptbyrequiringthegovernment—i.e.,thetaxpayers—tocompensateprivatepropertyownersforvirtuallyanydecreasewhatsoeverinthefairmarketvalueoftheirpropertytraceabletoanygovernmentlaworregulation;andWHEREAS,Amendment74wouldcreateuncertaintybecauseitisnotclearwhatthelanguageactuallymeansorhowitcanbeapplied;andWHEREAS,Amendment74wouldseverelylimittheabilityofColorado’sstateandlocalgovernmentstodoanythingthatmightindirectly,unintentionally,orminimallyaffectthefairmarketvalueofanyprivateproperty;andWHEREAS,Amendment74woulddrasticallydiminishtheabilityofourstateandlocalgovernmentstoadopt—letaloneattempttoenforce—reasonableregulations!limitations,andrestrictionsuponprivateproperty;andWHEREAS,Amendment74wouldplacelaws,ordinances,andregulationsdesignedtoprotectpublichealthandsafety,theenvironment,ournaturalresources,publicinfrastructure,andotherpublicresourcesinjeopardy;andWHEREAS,Amendment74woulddirectlyimpactzoning,densitylimitations,andplanneddevelopment;andWHEREAS,Amendment74wouldmakeinherentlydangerousorenvironmentallydamagingactivitiesprohibitivelycostlytoattempttolimitorregulate,evenintheinterestofpublichealth,safety,andwelfare;andWHEREAS,anyarguableimpactuponfairmaricetvalue—howeverreasonableorjustifiedorminimalorincidentalortemporary—resultingfromstateorlocalgovernmentactioncouldtriggeraclaimforthetaxpayerstopay;andWHEREAS,governmentswouldbevulnerabletolawsuitsforalmosteverydecisiontoregulateornottoregulate,makingregulargovernmentfunctionprohibitivelyexpensiveforthetaxpayer;andWHEREAS,similareffortshavebeenattemptedanddefeatedinotherstates,suchasthestatesofWashingtonandOregon;andWHEREAS,thefiscalimpactforsimilarlanguageinWashingtonwasestimatedat$2billiondollarsforstateagenciesand$1.5billionforlocalgovernmentsoverthefirstsixyears,andWHEREAS,individualsfiledseveralthousandclaimsagainststateandlocalgovernmentswithanestimatedvalueinexcessofseveralbillionsofdollarsinclaimsinOregonbeforetheresidentsrepealedThetakingsinitiativeThreeyearsafteritspassage.5 NOW,THEREFORE,[NameofMunicipality]opposesAmendment74andstronglyurgesavoteofNOthisNovember.Resolvedthisof2018MayorAttestMunicipalClerk6 TalkingPointsforLocalElectedOfficialsonAmendment74Amendment74—“JustCompensationforReductioninFairMarketValuebyGovernmentLaworRegulation”Amendment74seekstoamendSection15ofArticleIIoftheColoradoConstitutiontorequirejustcompensationifprivatepropertyhasreducedfairmarketvaluebygovernmentlaworregulation”.AsthisAmendmentwillhavenegativeimpactsonlocalgovernmentsifpassed,CMLencourageslocalelectedofficialstospeaktotheircommunities.Belowaresomesuggestedtalkingpoints.•Theabilityofelectedofficialstoactonbehalfofthecollectivehealth,safety,andwelfareoftheircommunityisacorefunctionotgovernment.Amendment74underminestheabilityofslateandlocalgovernmentstoeffectivelyrepresenttheirconstituentsandprotecttheirinterestsinvitalareassuchasdeanwaterandair,zoningenforcement,andinfrastructureimprovements.•UnderthecurrentColoradoConstitution.apropertyowneralreadyhastherighttoseekcompensationfromstateorlocalgovernments.Amendment74expandsthiswell-establishedconceptbyrequiringthegovernment—i.e.,thetaxpayers—topayprivatepropertyownersforvirtuallyanydecreaseinthe‘fairmarketvalue”oftheirpropertyduetoagovernmentlaworregulation.•NoonetrulyknowshowthisproposedexpansionofSection15couldimpactColoradoorlocalgovernments...ButaddingthislanguagetotheConstitutionwilladdnewlayersofambiguitytotheConstitutionandleavelocalgovernmentsandtaxpayerswithunprecedentedlevelsoflegalexposure.•Thisambiguitywillresultintaxpayerdollarsgoingtowardslawsuits,whicheithermeansariseintaxesorareductioningovernmentservicesforneighborhoods,includingparks,police,andutilities.•Anychangeinlaworregulation,eventhosebroadlydesiredbyacommunityorthoseintheinterestofhealth,safety,andwelfare,couldbechallengedbyprivatelandowners.Governmentswillbereluctanttoaddressimportantpolicyissues.•Amendment74willundoubtedlyleadtoincreasedlegalexposureandcostlylitigationthatwillincreasecostsforgovernmentprogramsandservices.Thesewillbepaidforatthetaxpayers’expense.•Municipalitieswillbecomecollateraldamageinprivatepropertydisputesbetweenownerswhofeeltheirpropertyrightshavebeendiminishedatthebehestofanother.Anyactionbyalocalgovernmentcouldrequirethatthesepropertyownersbecompensated.•Insum,Amendment74hasunintendedconsequenceswhichwillcostColoradocommunitiestoomuchmoney,whileatthesametimeputtingColoradocitizensindanger.Itisaveryriskypropositionforourcommunities,ourfamilies,andourColorado.•[CiteapositiveprojectinyourcityortownwhichcouldbeimpactedunderAmendment74.]7 CMLCOLORADOMUNICIPALLEAGUEEMPOWEREDCITIESANDTOWNS,UNITEDFORASTRONGCOLORADO1144ShermanStreet,Denver,CD80203•(p)303-831-6411/866-578-0936•(f)303-860-8175•www.cmi.orgTo:InterestedMunicipalOfficialsFrom:LaurelWitt,StaffAttorneySamMamet,ExecutiveDirectorDate:September2018Subject:Examples:OregonandWashingtonIntheearly2000s,severalstatesconsideredballotmeasuressimilartoAmendment74includingOregon,Washington,California,Idaho!andArizona.ThismemorandumexplainsexperiencesinOregonandWashington—onestatewhopassedaballotmeasureandonewhodidnot—toprovideexamplesforColoradobyhighlightingthemajorthemeoftheseballotmeasures:morelitigationandmorepayoutsattheexpenseoftaxpayers.OREGONMEASURE37UnderMeasure37,ifagovernmentactionreducedaproperty’sfairmarketvalue,theownercouldsue.Iftheindividualwon,Oregoncourtsrequiredthegovernmenttoeitherwaivethelanduseregulationorcompensatetheindividualforthedropinfairmarketvalueoftheirproperty.OregonresidentsapprovedMeasure37ontheNovember4,2004ballot.•Stateandlocalgovernmentswerefacedwithcarryingoutavoter-approvedmandatewithnodearprocedures,virtuallynolegislativeguidance,andwithoutThebudgetarymeanstopayfortheclaims.Themeasureprovidednonewrevenuesourcetopayforindividualclaims.•Measure37hadsomeexceptionssuchashistoricpublicnuisances,publichealthandsafetyregulations,regulationstocomplywithfederallaw,andregulationssurroundingpornography.Amendment74containsnosuchexemptionsandthereforewillhavefargreaternegativeimpactstoColorado.•Theconsequenceswereenormousintermsofliability—themeasuregavepropertyownerstheabilitytocollectmonetarycompensationunlessgovernmentactedwithin180daysoffilingalawsuit.•Withinthreeyears,thousandsofclaimswerefiledwithstateandlocalgovernmentswithclaimscostinginexcessofseveralbilliondollars.ThreeyearsafterMeasure37passed,OregonvotersrepealedthemajontyofMeasure37WASHINGTONINITIATIVE933Initiative933(1-933”)wasaballotmeasureinthestateofWashingtonin2006thatwasdefeatedbyvoters.•TheUniversityofWashingtonconductedastudyonthefiscalimpactsofthemeasuretolocalandstategovernments.Inthenearterm,theUniversityconcluded1-933wouldcosttaxpayersnearly$8billion—morethan$1,000perresident—topaycompensationclaims.•Thetextof-933wassimilartoAmendment74,exceptthatthemeasureincludedanygovernmentactiongoingbacktenyears.Amendment74issilentastowhetherprivatepropertyownerscansuebasedongovernmentactionsthatoccurredinthepast.•1-933alsoincludedsomeexemptionsincludinggovernmentactionsthatuapplyequallytoallpropertysubjecttotheagency’sjurisdiction”andactionsaimedatpreventing“animmediatethreattohumanhealthandsafety.”Amendment74containsnosuchexemptions,creatingmoreliabilitythanwhatwasatstakeinWashington.8 Colorado’sFairCampaignPracticesActRestrictsUseofPublicFundsBallotsinstatewideorlocalelectionsoftenincludeissuesofprofoundimportancetoColoradomunicipalities.Ascommunityleadersmunicipalofficialscanandshouldbecomeactivelyinvolvedinthepublicdiscussionoftheseissues.However,thestateFairCampaignPracticesAct(FCPA)placessignificantrestrictionsontheuseofpublicfundsforadvocacypurposesorfordispensinginformationinconnectionwithlocalorstatewideballotissues(CR5.§1-45-117).TheFCPArestrictionsontheuseofpublicfundsapply:•tostatutorycitiesandtownsortothosehomerulemunicipalitiesthathavenotadoptedprovisionsregardingcampaignfinance,and•onceastatewidepetitionhasbeensubmittedfortitlesetting,or•forlocalballotissues.onceanissuehasbeensubmittedforthepurposeofhavingatitlefixedorthathashadatitlefixed,uponfinalactionofthegoverningbodyplacingareferredmeasureontheballot,or•oncetherecallelectionofanyofficerhasbeencertifiedtovoters.Theseguidelinesareintendedtoprovidemunicipalofficialsandemployeeswithgeneralguidanceconcerningwhattheymayormaynotdo,consistentwiththeFCPA.However,yourmunicipalattorneyshouldbeconsulted,andanyhomeruleprovision(s)reviewed,beforeanyactionistakenthatcouldbeviewedassubjecttothepublic-fundsrestrictionsintheFCPA.PermissibleactivitiesItispermissibletodothefollowingincampaignsinsupportoforinoppositiontoaproposedmeasure:1.Thelocalgoverningbodymaytakeapositionofadvocacyontheissue.Thegoverningbodymaypassaresolutionandtakeapublicstandurgingtheelectoratetovotefororagainstanymatter.Localgovernmentsmayreportthepassageofordistributesuchresolutions“throughestablished,customarymeans,otherthanpaidadvertising,bywhichinformationaboutotherproceedingsof[thegoverningbodylisregularlyprovidedtothepublic”(suchasviaalocalgovernmentnewsletterorcabletelevisionbroadcast).2.TheActprovidesthatanypublicofficialwhohas“policy-makingresponsibilities”mayspendupto$50ofpublicmoneyonphonecalls,letters,orotheractivities“incidental”toexpressinghisorheropiniononanyissue.ttisadvisabletoconsultwithyourmunicipalattorneybeforeexpendingpublicfundsinrelianceonthisprovision.3.ElectedofficialsmayspeakoutontheissuespresentedontheballotThereisnolimitationintheFCPAontherightofpublicofficialstoaddressanymatterbeforetheelectorate;thelimitationsintheActareontheexpenditureofpublicKinds.4.Publicemployeesandpaidelectedofficialsmayworkonacampaignandspeakoutontheissuesontheirowntime.Anypublicemployeewhobecomesinvolvedinthecampaignshouldbepreparedtodocumentthatsuchworkwasdoneonhisorherowntime.Ifthepublicemployeeisonarecorded-hoursystem,makesuretherecordreflectsthatthepublicemployeetooktimeofffrompublicdutiestoengageincampaignactivities.5.Publicemployeesmayrespondtounsolicitedquestionsorrequestsforinformationaboutaballotissue;however,thelocalgovernmentshouldcarefullyavoidproducinginformationfordistributionthatisdesignedtoinfluencethepassageordefeattheissue.6.Thelocalgoverningbodymayusepublicfundstodevelopanddistributeafactualsummaryonanyissuethatwillappearonaballotinthejurisdiction.Thesummarymustincludeargumentsfororagainsttheproposal,butthesummaryitselfmaynotcontainaconclusionoropinioninfavoroforagainsttheproposal.ImpermissibleactivitiesItisimpermissibleundertheFCPA,exceptasindicatedabove,todothefollowingincampaignsinsupportoforinoppositiontoaproposedmeasure:1.Useorexpendpublicfundsorsupplies;2.Allowemployeesorpaidofficerstoworkonacampaignduringtheirworkinghoursoruseanypublicfacilityorequipmentforthepurposesofacampaign;3.Providetransportationoradvertisingusingpublicpropertyorfundstoinfluence,directlyorindirectly,thepassageordefeatofanyissue;or4.Grantanemployeeorofficerleavefromhisjoborofficewiththelocalgovernment,withpay,toworkonacampaign.Formoreinformation,contactLaurelWift,CMLStaffAttorney,atlwittcml.orgor303-831-6411.9 Two(brthescrapheapEditorialsgjseniinel.comPageIoF3https:iIwwwgjsentiIleIcom/opinion/editorials/two-ior-the-scrap-heap/article_87570c62a343-11e8-a811-10604b9Pth.hImI5InsagoTwoforthescrapheap‘-.—-——-‘‘--cKti&DjByTHEDAUYSENTINElOfthesevenproposedcitizens’initiativesthataretryingtoqLIaliItfortheNovemberballot,twostandoutfortheirdangerousrepercussionsandshouldberejectedifvotersareforcedtodecidethemeasures’fate.IfthenextColoradogovernorinheritseitherInitiative97orInitiative108orboth,catastrophicresultsawaitstateandlocalgovernments.Let’sstartwithInitiative97.It’sastatutoryproposaltocreatea2,500-footsetbackfromoccupiedstructuresorother“vulnerableareas”fornewoilandgasdevelopment.That’sasignificantincreasefromthe500-footsetbackcurrentlyinplace.AccordingtotheColoradoOilandGasConservationCommission,thisinitiativewouldeliminatenewdrillingon95percentofthesurfacelandinthestate’stopfiveoilandgasproducingcountiesand85percentofthestate’snon-federalland.Itwouldcostthestate,localgovernmentsandschoolsproceedsfrombillionsofdollarsinlostoilandgasrevenues,saidDianeSchwenke,presidentandCEOoftheGrandJunctionAreaChamberofCommerce,whichhasjoinedacoalitionofbusinessgroupsintheslateopposingtheinitiative.“Weareastatethatalreadyhassomeofthemoststringentregulationsontheenergyindustry,whicharedevelopedthroughapublicprocessunderthepurviewoftheColoradoOilandGasConservationCommission,”Schwenkesaid.‘Thatiswhererulesshouldbemade,notattheballotbox.’108/19/2018 IwoI’orthescrapheapEditorialsIgjsentinel.comPage2of3Becauseit’sessentiallyadefactobanonnewdrilling,Initiative97isamongthemostcontentioustoarisethisyear,rivaledonlybyInitiative108,whichappearstobeacounter-measureto97’simplicationsfortheenergyindustry,hutgoesmuchfarther.Asbadas97i4T)HThaybeworse.)Foronethingitproposeschangingthestateconstitutiontoenablepropertyownerstoseekcompensationifalaworregulationreducestheirland’s“fairmarketvalue.’Embeddingpolicyinthestateconstitutionisneveragoodideaandalwaysrifewithunintendedconsequencesforwhichtherearenoeasyfixes.Undercurrentlaw,agovernmenthastocompensatefora“totaltaking,”eitherbyeminentdomainorwhenagovernmentactionleavesapropertywithnoeconomicuse.Switchingjustcompensationrequirementsto“fairmarketvalue”isaplaintiffslawyer’swildestdream.TheColoradoMunicipalLeaguewarnsInitiative108“couldspawncountlessandexpensivelawsLlitsoveramriadofbasiclocalland-usedecisionssuchaszoningorthesitingofmunicipalfacilities.”Itwouldforcelocalgovernmentstoassesstheriskofalawsuitonanyactionitconsiders.SamMamet,executivedirectoroftheCMI.toldColoradoPolticsreporterMarkJaffe,“MvadvicetocoLintiesandmunicipalitiesisifthispasses,don’tdoanything...nozoning,noordinances.‘l’lwcostofdefendinglawsuitsorpavingtocoveramultitudeofsmalldimunitionsinpropertycouldbankruptsomemunicipalitiesorforcethemtocedetheirauthoritytocontrolgrowthanddevelopment.That’sastiffpricetopayforameasurethatostensiblyseekstomitigatetheimpactsofInitiative97.EitherofthesemeasuresisterribleforColorado.Ifbothpass,thisholywarbetweenanti-drillingactivistsandindustrydefenderswillhaveachievedastateofmutuallyassureddestruction.11https::ww.gjsentineI.com/opinionedi1onalsftwo—for—tI1e—scrap—heap!article87570c62—a3,..8/19/2018 TwofbrthescrapheapIEditorials[gjsentincl.comPage3of3That’swhyit’simportantforsupportersofbothmeasurestoconsiderwithdrawingthemfromconsiderationfortheballot.Weneedatruceonthisstandofforvotersaregoingtodecide.Andifitcomestothat,we’llbeurgingvoterstorejectbothmeasuresastheonlysaneandreasonableoutcometothismadness.12Iittps://w’vw.gjsentinel.coni/opinion/cdikrials’bo—Ior—the—scrap—heap/artideX7570c62—a3...8/19/2()18       172 To: Honorable Mayor Jirsa Board of Trustees Through: Town Administrator Lancaster From: Jeffrey Woeber, Senior Planner Date: September 25, 2018 RE: Appeal Wind River Apartment Homes Development Plan 2018-03, 1041 St. Vrain Avenue, Wind River Holdings, LLC/Owner (Mark all that apply) PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENT RESOLUTION OTHER______________ QUASI-JUDICIAL YES NO Objective: Review and reach final decision on the Wind River Apartments Development Plan (DP 2018-03) on appeal from the Planning Commission’s denial of same on August 21, 2018. Present Situation: The Wind River Apartments proposes a multi-family development with 94 total units. The property is 5.77± acres in size, and is within an RM, Multi-Family Residential Zoning District. The 5.77 acres is the total area of the two-lot Wapiti Minor Subdivision, approved by the Town Board of Trustees and recorded in 2014. For this proposal, the applicant submitted an application for a lot consolidation, to re-combine the two lots into one. This staff-level lot consolidation has been approved by staff. At this writing, the applicant is preparing the required plat for signatures and recordation. The applicant has used an incentive within the EVDC for a density bonus to allow for the 94 units proposed. A waiver is requested by the applicant, to allow a minimum centerline radius of 37 feet, in lieu of the required minimum 50 feet. The Estes Valley Planning Commission reviewed application materials and related items and held public hearing(s) on the Development Plan. The first hearing was on June 19, 2018, at which time the Planning Commission voted to continue the application to July 17, 2018. The applicant agreed to make some revisions and clarifications to the plans. At that time, it was again continued by the Planning Commission, as the applicant was still working to make some Report COMMUNITY DEVELOPMENT 173 TOWN OF ESTES PARK BOARD OF TRUSTEES, SEPTEMBER 25, 2018 WIND RIVER APARTMENTS, DEVELOPMENT PLAN APPEAL PAGE | 2 revisions to the plans. The hearing was on August 21, 2018, at which time the Planning Commission denied the Development Plan, with four voting in favor of the motion to deny, and two against. No findings were made in the motion to deny, which was as follows: “I move to deny the Wind River Apartments Development Plan application.” On August 22, 2018, the property owner, Paul Pewterbaugh, of Wind River Properties, LLC, filed a request with the Town Clerk for appeal of the Planning Commission’s denial of the Development Plan. Per EVDC Sec. 3.8.C.2, the Planning Commission’s August 21 decision is considered “final action”; however, per Section 12.1.B. of the EVDC, any “party-in-interest may appeal a final decision made by the Estes Valley Planning Commission pursuant to this Code…” to the Town Board of Trustees or the Board of County Commissioners, depending on jurisdiction. The Wind River Apartments site is in the Town; thus, an appeal goes to the Town Board in this case. The owner qualifies as a party-in-interest. There is an application for a Special Review application, also on the September 25, 2018 agenda. This Special Review is for a “Day Care Center” in an RM, Multi-Family Residential Zoning District. There is one existing residential structure on the subject property, which is proposed to be expanded and remodeled for the day care use as well as a leasing office. Although part of the Wind River project as a whole, this day care is a separate and distinct use. It has a separate staff report and is a separate agenda item, and requires a separate action by the Town Board. It is not part of this appeal. Proposal: Staff reports and exhibits for the two Planning Commission hearing dates are included as Attachments in this packet; please review these for full background. Minutes from these meetings are also included as Attachments. The owner’s attached letter of appeal set forth the applicant’s basis for appeal. The Town Board has four options in deciding and voting on this appeal. They correspond to four possible Board motions, as the Board may see fit. The four options are: 1. Deny the Wind River Apartments Development Plan as submitted on appeal, finding that it does not meet the Estes Valley Development Code in one or more particulars (the particulars will need to be stated in the motion). 2. Approve the Wind River Apartments Development Plan and waiver request as submitted on appeal, finding that it meets the Estes Valley Development Code’s requirements for approval per EVDC Chapter 3 (Review Procedures and Standards). 3. Approve the Wind River Apartments Development Plan and waiver request as submitted on appeal with conditions, finding that it meets the Estes Valley Development Code’s requirements for approval per EVDC Chapter 3 (Review Procedures and Standards) [with conditions stated in the motion]. 174 TOWN OF ESTES PARK BOARD OF TRUSTEES, SEPTEMBER 25, 2018 WIND RIVER APARTMENTS, DEVELOPMENT PLAN APPEAL PAGE | 3 (Because development plan reviews are ministerial and not discretionary, any conditions must be grounded in established standards, such as the EVDC, the Town’s Water System Engineering Design Standards, etc. For example, an appropriate development-plan ministerial condition might require that the exact height of a retaining wall be dimensioned on the plan. An example of an inappropriate discretionary condition would be that the development have an HOA or POA (Property Owner’s Association)). 4. Continue the Wind River Apartments Development Plan and waiver request to a future date-certain Town Board meeting, with a request for staff to provide specific findings to support approval/denial of the Wind River Apartments Development Plan. (For example, the motion for continuance should give Staff specific direction on what specific findings need to be provided to support a decision of the Town Board for approval/denial of the Wind River Apartments Development Plan.) Staff Comments: 1.The Restrictive Covenant and Agreement for the Wind River project, a requirement of increasing density with the density bonus provisions in the EVDC, has been slightly revised from that which is attached to the August 21, 2018 Planning Commission staff report. The revised, finalized version is attached. 2.Recently it was questioned whether the alternative parking study submitted by the applicant, which proposes fewer spaces than required in the Off Street Parking Requirements in the EVDC, requires a waiver request. It was determined, with concurrence of the Town Attorney, that this does not require a waiver, per Section 7.11.E of the EVDC. Action Recommended: Staff recommended approval to the Planning Commission of the Wind River Apartments Development Plan, along with the associated waiver request for reduced centerline radius. Staff stands by this recommendation today on appeal. Finance/Resource Impact: n/a Level of Public Interest Very high. Written comments have been received for this application. All written comments are posted to: www.estes.org/currentapplications. Sample Motions: I move for the approval of the Wind River Apartments Development Plan (DP 2018-03), along with the associated waiver request for reduced centerline radius, on appeal from the Planning Commission’s denial of same on August 21, 2018, finding that the Development Plan meets the Estes Valley Development Code’s requirements for approval per EVDC Chapter 3 (Review Procedures and Standards). 175 TOWN OF ESTES PARK BOARD OF TRUSTEES, SEPTEMBER 25, 2018 WIND RIVER APARTMENTS, DEVELOPMENT PLAN APPEAL PAGE | 4 I move for the approval of the Wind River Apartments Development Plan (DP 2018-03), along with the associated waiver request for reduced centerline radius, on appeal from the Planning Commission’s denial of same on August 21, 2018, finding that the Development Plan meets the Estes Valley Development Code’s requirements for approval per EVDC Chapter 3 (Review Procedures and Standards). The following conditions of approval are included: [cite conditions here, including EVDC section(s)] I move for the denial of the Wind River Apartments Development Plan (DP 2018-03) as submitted on appeal, finding that it does not meet the “Standards for Review” under Section 3.8.D. of the Estes Valley Development Code, including the following particulars: [cite particulars here] I move to continue the Wind River Apartments Development Plan (DP 2018-03), along with the associated waiver request for reduced centerline radius, as submitted on appeal to _________ [date certain], and direct that staff provide additional information prior to that date toward the ability to assess specific findings, as follows: [state needed additional information] Attachments: 1.Appeal Request, dated August 22, 2018 2.Planning Commission Staff Report, dated June 19, 2018 (Attachments Not Included) 3.Planning Commission Staff Report, dated August 21, 2018. 4.Planning Commission hearing minutes from June 19, 2018 5.Planning Commission hearing minutes from August 21, 2018 6.Restrictive Covenant and Agreement 176 Comments, letters, and emails regarding this application can be found at the following link: www.estes.org/currentapplications 177 178 179 180 181 182 183 184 (Not included for Town Board Packet) 185Presented August 21, 2018 186 187 188 189Not Included - Updated Agreement is included after minutes. 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 RECORD OF PROCEEDINGS Estes Valley Planning Commission June 19, 2018 Board Room, Estes Park Town Hall Commission: Chair Bob Leavitt, Vice-Chair Sharry White, Commissioners Betty Hull, Russ Schneider, Robert Foster, Doyle Baker, Steve Murphree Attending: Chair Leavitt, Commissioners Schneider, Hull, Foster, Murphree and Baker Also Attending: Director Randy Hunt, Town Attorney Greg White, Senior Planner Jeff Woeber, Code Compliance Officer Linda Hardin, Town Board Liaison Ron Norris, County Staff Liaison Michael Whitley, Recording Secretary Karin Swanlund Absent: Commissioner White Chair Leavitt called the meeting to order at 1:30 p.m. There were approximately 200 people in attendance. 1.OPEN MEETING Planning Commissioner Introductions Director Hunt announced that future Planning Commission Study Sessions will be recorded and streamed on YouTube starting July 17. 2.APPROVAL OF AGENDA It was moved and seconded (Schneider/Hull) to approve the agenda as presented and the motion passed 6-0 3.PUBLIC COMMENT Robert Ellis/1707 Ptarmigan Trail, spoke on the Mountain Coaster plan questioning the parking and zoning and requested that it be brought before the Planning Commission. Linda Langer/1861 Raven Ave, expressed that the coaster as planned exceeds the intent of zoning requirements, and traffic, speeding, wildlife disruption, noise and light pollution will all be factors. This project should have a more in depth review. Pamela Henderick/1861 Raven Ave, stated the Mountain Coaster is in a wildlife corridor, causing a dangerous situation with traffic, speeding, noise, and disrupting the natural setting. The Town has responsibility to protect citizens who border on a county road. She presented a letter to Chair Leavitt, which can be found on the town website. 3.CONSENT AGENDA A.Approval of May 15, 2018 Planning Commission meeting minutes. It was moved and seconded (Schneider/Hull) to approve the consent agenda as presented and the motion passed 6-0. 221 RECORD OF PROCEEDINGS Estes Valley Planning Commission June 19, 2018 Board Room, Estes Park Town Hall 4.LARGE VACATION HOME REVIEW – 3153 Fish Creek Road. 4-bedroom, 10-person occupancy. Owner: William and Linda Warne Code Compliance Officer (CCO) Hardin stated that the home sits on a lot size of .46-acre, Large Vacation Home use requires 1-acre lot size, with 25 foot setbacks, there is a 15 foot setback on the east side which causes no concern to neighboring properties. There have been no public comments received. Commissioner Baker asked about the East and West buffers of the property. It was moved and seconded (Hull/Foster) to approve the vacation home at 3153 Fish Creek Road to allow a maximum of ten (10) occupants according to facts and findings recommended by staff. The motion passed 5-1 with Baker voting no. 5.ESTES VALLEY DEVELOPMENT CODE (EVDC) TEXT AMENDMENT Review of the current conditions with regard to the vacation home cap. CCO Hardin stated that the current cap of 588 vacation home registrations had been reached in May, with a current waiting list of 13. She explained how the cap was derived and that without any history to look back on, there is no way of knowing how those numbers may change. Staff recommended leaving the current code unchanged with a cap of 588. Committee and Staff Discussion: Some of the 40 homes being processed may not complete the registration, therefore opening up spaces. Leavitt noted that there are a substantial number of citizens that think the cap should be lowered, it does need to be reviewed every year, and that many of the vacation homes in residential districts are in single family neighborhoods which has an impact on affordable workforce housing. Public Comment: None It was moved and seconded (Hull/Murphree) to recommend denial of any change to the cap per Exhibit A. The motion passed 5-0 with Foster recusing himself. 6.EVDC TEXT AMENDMENT Review and revise Section §13.2.C.15 to amend definition of “Cultural Institutions” Director Hunt stated that this Code Amendment is related to the Special Review that will be discussed in the July Planning Commission meeting, and asked permission for “blended” discussion on both projects. Chair Leavitt granted permission. Hunt then reviewed the proposed Text Amendment regarding removal of the uses “art galleries” and “libraries”, and a revised Table 4-1, Permitted Uses in Residential Zoning Districts to extend Special Review Use (S2) in Residential Zoning Districts to allow for review and approval procedures for Cultural Institutions on a case by case basis. An amendment was brought up in the Study Session, recommend by a town citizen, which Staff thought was a 222 RECORD OF PROCEEDINGS Estes Valley Planning Commission June 19, 2018 Board Room, Estes Park Town Hall reasonable and appropriate change, defining the Cultural Institutions definition in Code to read as follows: Nonprofit Institutions displaying or preserving objects of interest in one or more of the arts or sciences, to allow for nonprofit institutions that educate, display or preserve objects of interest that are connected to the history of that property. Staff recommended approval of the Code Amendment, specifically the current definition’s inclusion of art galleries and libraries. This text amendment is not just a one time or one property issue but could be used with other institutions such as The Dunraven House and MacGregor Ranch in the future. Staff and Commission comment: Director Hunt answered in the affirmative to Commissioner Foster’s question, referring to page 2 of staff report memo, that the Town is withdrawing its justification that limits the definition of Cultural Institutions to those areas that are connected to the real property, adding that Staff believes there is adequate coverage elsewhere in Code for art galleries, libraries and other institutions. Making terms more specific in new Comprehensive Plan with definitions and adding rows to the table for permitted and special uses will provide further distinction and appropriate context. Public Comment: (comments are condensed, meeting can be viewed on the Town of Estes Park website for 12 months from this date) •The following people commented in favor of the proposal: Steve Lane, Basis Architecture, representing applicant, commended Randy and Staff on the long process to get to this point. Tom Shamburg/625 Steamer Drive, Director of the Historic Stanley Home Group, gave a brief history of the grass roots organization begun two years ago. There is a list of citizens stating they approve and recommend project, which currently has 538 signatures, 38 supporters present today. Bill Pinkham/760 Meadow Circle, project is good for the community, with neighbor issues able to be resolved. Charlie Dickey/265 Steamer Court, spoke in favor of individual merit of a Special Review Curtis Kelly/2850 Fall River Road requested adoption of this amendment as a special review mechanism for future options. •The following people commented against the proposal: Paul, Ellen Romig/411 Big Horn Drive, expressed concerns about a 5 month, 7 day a week operation, noise, traffic and crowd control. Ross Maxwell/503 Big Horn Drive, stated that the House could have been placed on Historic Register or a conservation easement applied for, neither of which was done. This being a residential neighborhood, E1 zoning should be preserved. Dave Shirk/301 Far View Drive, referenced the Hydro Plant on Fish Hatchery Road and that may be a solution that is already out there. Connie Phipps/585 Wonderview Avenue, would like to see respect for the neighbors and neighborhood and not base the decision on the good response to the foundation letter, noting that other home museums are not operated 7 days a week and have controlled hours. 223 RECORD OF PROCEEDINGS Estes Valley Planning Commission June 19, 2018 Board Room, Estes Park Town Hall Sue Maxwell/503 Big Horn Drive, 100 percent opposed to allowing Cultural Institutions in residential districts, and it is not better than having 4 homes on the property. With a gift shop, and possibly food items this could open the door to other commercial business which will begin “creeping” along Wonderview Avenue going west. Commissioner/Staff Discussion: Hull asked Tom Shamburg if the Foundation would be willing to adjust hours to be the same as the EP Museum to which he answered that the demand for visits and financial model are needed to help sustain and maintain the home. The numbers come out to 12 visitors, once per hour, via shuttle. A meeting to address the neighbor’s concerns was set for June 21. Foster counter-proposed to keep the published definition of Cultural Institution and not have any connection to the phrase Important Real Estate with respect to what is allowed in a residential neighborhood, limiting it to Cultural Institutions, which do have a connection to the real estate, adding the real estate comment to Table 4.1, rather than adding it to the definition of Cultural Institutions. Baker supported this and stated he will not vote for this amendment as proposed for the following reasons: 1) The definition of Cultural Institutions, either as written or modified, has nothing to do with a normal definition of Cultural Institutions and a single town shouldn’t refine what the concept is. 2) The comments today make it clear that this Code Amendment is to accommodate a particular proposal and it is inappropriate to continue to make ad hoc changes to our Code in order to accommodate specific proposals as opposed to looking at our community as a whole. 3) A Code should not pre-judge which type of culture is acceptable or not. 4) We shouldn’t restrict or limit an opportunity to establish Cultural Institutions and if we do, we should allow all to be considered. Hunt stated that either way is feasible and could be done. After further discussion, it was decided to continue the item to the next meeting. It was moved and seconded (Hull/Foster) to continue the Code Amendment request of the EVDC to the due to questions yet to be answered and an agreement yet to be reached. The motion passed 5-0, with Schneider recusing himself. A 10 minute break was taken from 2:45-2:55 7.RECOMMENDATION FOR APPROVAL OF THE DEVELOPMENT PLAN LOCATED AT 1041 SOUTH SAINT VRAIN AVE, KNOW AS WIND RIVER APARTMENTS. Planner Woeber noted that this application was initially scheduled for the May 15 Planning Commission Meeting. Staff recommended the application be continued in order to clarify and revise some parts of the application. Woeber then reviewed the waivers requested and the overall development plan for the property which will consist of four multi-family structures, 78 units with two bedrooms, 16 units with one bedroom. Applicant will be using the EVDC incentive for a density bonus allowing 38’ height. The Covenant Agreement was recently revised and drafted. The Day Care proposal will be reviewed in July. Affected agencies were consulted and reviewed the project, giving 224 RECORD OF PROCEEDINGS Estes Valley Planning Commission June 19, 2018 Board Room, Estes Park Town Hall recommendations. Public input is high. Staff recommend approval of the Wind River Apartments Development Plan and approval of the associated waiver request with conditions. Staff and Commission Discussion: (Director Hunt recused himself from the discussion as he is an adjacent neighbor to the property) Schneider questioned the minimum lot area for a day care, which could reduce the total area, thus taking away from the housing numbers, arguing that the area required is greater than area available and the numbers don’t add up. Woeber answered that density is based on full 5.7 acres, combining the 2 lots. Child care would be open to public making it an economic incentive. Applicant Discussion: Paul Pewterbaugh, owner/applicant, introduced himself and described his connection to the town and his reasons for this Development Plan, referring to the Estes Valley Housing Needs study. Steve Lane, Basis Architecture, discussed the history of RM zoning and density bonus noting that zero private development plans were applied for in 16 years with 1.5 density bonus. In 2016 town increased bonus to 200% and height increases in 2017 for RM specifically to encourage this type of project. He stated that in the Estes Valley, there are 18 vacant lots, 7 are open space, only 3 over 1 acre, 2 of which are on this property. He gave a slide presentation of early and current plans, showing view corridors with proposed building drawings Joe Coop, Van Horn Engineering, reviewed the utilities, reporting the convenience of having the sewer, water, gas, fiber, phone and electric right next to the property. Lonnie Shelton, Van Horn Engineering, responded to the letter submitted by Ascent Planning Solutions, stating that he believes this project meets all Code requirements and conditions of approval. The question was again raised on how the density bonus numbers were calculated, with disagreement on the total square foot figure. Matt Delich, Delich and Associates, spoke on the amount of parking spaces proposed, reviewing the town standards and how he conducted his alternate traffic and parking studies on this proposal. Considerable discussion on traffic safety was had. Public Comment: (comments are summarized, meeting can be viewed on the Town of Estes Park website for 12 months from this date) ) Dave Shirk, Ascent Planning Solutions, gave his planning background and presented his Code Analysis to the Recording Secretary for submittal. He reviewed the study findings in detail. •The following citizens spoke against the project, with each speaker reviewing different concerns. Adam Bensman/1085 Lexington Lane, read a letter explaining the concerns of the surrounding neighbors, all living within the Lexington Lane, Eagles Landing, Eagle View, Fairway Club Condos and The Pines neighborhoods. 225 RECORD OF PROCEEDINGS Estes Valley Planning Commission June 19, 2018 Board Room, Estes Park Town Hall Josh Weaver/1031 Lexington Lane: Safety, traffic control. Lisbeth Lord/President of Eagles Landing Condo Association: Storm runoff situation on east side of Highway 7. Chris Hill/919 Lexington Lane: Density Bonus determinations Karen Nicholson/905 Village Green Lane: Staff report leaves holes, missing documents, plan prematurely presented to Planning Commission. Mitch Mitchell/1015 Lexington Lane: Project must adheres to Town Codes on this plot of land making sure safeguards are applied. Brookie Gallagher/1030 Lexington Lane: Untested height increases and density bonuses, alternative parking study, open space calculations, lack of clarity as to who is responsible for traffic safety studies and who will fund them. Dick Coe/1070 Pine Knoll Drive: Original owner wanted property to be maintained as open space, wildlife use this property as their natural habitat, and wildlife viewing for tourists will be diminished. He also requested the speed limit be reduced from 45 to 35 mph on Highway 7. Sundee Pietsch/1023 Lexington Lane: Height of buildings impacting views, 6 month lease, up to 8 unrelated people living in one unit. Chris Harris/1061 Baily Lane: Variances are the killers of neighborhoods. •Those speaking in favor Charlie Dickey/265 Steamer Court: Estes Valley Partners for Commerce, spoke in favor of the project, siting the housing shortage as the main reason. James Poppitz/650 Devon Drive: work force housing is needed, we’ve been talking about if for a decade, what is getting done and when are we going to approve a project. Kent Smith/661 Big Horn Drive: The job of the Planning Commission is to protect individual property rights, both the neighbors and developers. Other Comments: Director Hunt explained the density calculation process: divide number of square feet into number of units. CDOT did not require dedication of right-of-way. Attorney W hite noted that inside the development is not a private street, but a driveway. Lonnie Shelton summarized that this was submitted as two proposals, a Development Plan and a Special Use for the Day Care, going hand in hand together, requesting a continuation to July in order to submit a complete plan. Hunt stated we should expect better performance from the State Department of Transportation than we have seen on this, and many other projects, he is disappointed and will do what he can to work with CDOT. Commissioner comments: After extensive analysis, Commissioners supported the request to continue the action item in order to hear the final package due to the amount of information and complicated nature of project and questions to be addressed, requesting that future information be given to the Commission as it is received, not 5 days before the next meeting. 226 RECORD OF PROCEEDINGS Estes Valley Planning Commission June 19, 2018 Board Room, Estes Park Town Hall It was moved and seconded (Foster/Hull) to continue the Development Plan and associated waiver requests to the next Planning Commission Meeting and the motion passed 6-0. 8.REPORTS Due to the length of meeting there were no reports given. There being no further business, Chair Leavitt adjourned the meeting at 5:05 p.m. _________________________________ Bob Leavitt, Chair __________________________________ Karin Swanlund, Recording Secretary 227 RECORD OF PROCEEDINGS Estes Valley Planning Commission August 21, 2018 Board Room, Estes Park Town Hall Commission: Chair Bob Leavitt, Vice-Chair Sharry White, Commissioners Betty Hull, Russ Schneider, Robert Foster, Frank Theis, Steve Murphree Attending: Chair Leavitt, Commissioners Schneider, White, Foster, Murphree and Theis Also Attending: Director Randy Hunt, Town Attorney Greg White, Senior Planner Jeff Woeber, Planner Robin Becker, Town Board Liaison Ron Norris, County Staff Liaison Michael Whitley, Recording Secretary Karin Swanlund Absent: Commissioner Hull Chair Leavitt called the meeting to order at 1:30 p.m. There were approximately 70 people in attendance. 1.OPEN MEETING Planning Commission/Staff Introductions 2.APPROVAL OF AGENDA It was moved and seconded (White/Schneider) to approve the agenda as presented and the motion passed 6-0. 3.CONSENT AGENDA Approval of July 17, 2018 Planning Commission meeting minutes. It was moved and seconded (Schneider/Foster) to approve the consent agenda as presented and the motion passed 6-0. 4.BLACK CANYON WEDDING DEVELOPMENT PLAN Planner Becker reported that this item was continued to the next Planning Commission meeting to be held October 16, 2018 and that a public meeting with neighborhood and community members was to be held August 23 at the Black Canyon Office. Public Comment: Anna Claassen, town citizen, questioned when the public meeting was planned and noted that neighbors have not been notified Jay Blackwood, town citizen, stated that a glitch in GPS brings people to the Black Canyon neighborhood rather than the Black Canyon Inn, and this project would cause more issues with people coming to the wrong address. He would like GPS to be fixed. It was moved and seconded (Foster/Theis) to continue the Development Plan to the October 16, 2018 meeting and the motion passed 6-0. 228 RECORD OF PROCEEDINGS Estes Valley Planning Commission August 21, 2018 Board Room, Estes Park Town Hall 5.RECOMMENDATION FOR APPROVAL OF THE DEVELOPMENT PLAN LOCATED AT 1041 SOUTH SAINT VRAIN AVE, KNOW AS WIND RIVER APARTMENTS. Planner Woeber stated that this application was reviewed by the EVPC at their June 19, 2018 meeting. Due to questions that were raised by the EVPC, and with concurrence of the applicant, the application was continued to the July 17, 2018 EVPC meeting. With revisions not being available in time for that meeting, it was continued to the August 21, 2018 EVPC meeting. The applicant, in their revised submittal materials, has detailed all requested revisions, and has outlined specifically what has been revised. The subject property is 5.77 acres in size and is undeveloped. Currently the site is two separate lots. A lot consolidation application has been submitted to combine Lots 1 and 2 of Wapiti Minor Subdivision into one lot. The development consists of four multi-family structures, three 24-unit buildings and one 22-unit building resulting in 78 units with two bedrooms and 16 units with one bedroom. Legal notices were published in the Estes Park Trail Gazette and adjacent property owners were notified. There is significant opposition to this project. Staff recommended approval of the Wind River Apartments Development Plan and approval of the associated waiver request to reduce the radius of a section of an internal drive. Staff and Commission Questions: Director Hunt recused himself from discussion due to owning property and living across the street from the Development Project. Woeber stated that the housing cost limits has been revised in the restricted covenant agreements. Applicant Discussion: Paul Pewterbaugh stated that the reason for the delay was to be sure to address all the concerns, feedback and input from both the Planning Commission and the public. All members of the team were present at the meeting to answer all questions that may arise. He then summarized the components of the application. Eric Blackhurst, President of Estes Park Housing Authority, presented an abbreviated presentation on the housing needs situation. The first housing study was done in 1989- 1990, community wide, and three studies have been done since, 1999, 2008 and 2016, all with similar results. Joe Coop, Van Horn Engineering, displayed the sidewalk proposal along Lexington Lane, and the west side of highway 7. A Pedestrian Study showed that a lighted pedestrian crossing beacon didn’t warrant a CDOT permit. He also discussed the drainage issues and plans that would vastly improve the current system. The traffic study determined that there were 45 trips per hour, thus not triggering a left turn lane onto Highway 7. Mail cluster boxes will not be on Lexington Lane. Steve Lane, Basis Architecture, reviewed the lot density which was calculated on being one lot at 5.77 acres without a dedicated private street. Lot size does not affect the density of the day care or number of units. The height and density bonus was approved 229 RECORD OF PROCEEDINGS Estes Valley Planning Commission August 21, 2018 Board Room, Estes Park Town Hall to allow RM zoned properties to solve the housing needs. The 15% open space/recreational space is met. The height code will be met, with the 3 story buildings being dug into the west side of the lot. Parking has 182 spaces for units and 16 guest spaces which is more than most neighboring communities. The EVDC specifies that this development should have 204 parking spaces. Taking out 4 units would allow us to meet the requirement, but nothing would change with regard to the site plan and traffic. Our proposal includes a request to allow 182 spaces rather than the 204 per the EVDC. Public Comment: Comments are summarized, full comments can be found on the Town of Estes website at www.estes.gov/meetingvideos for 12 months from the date of meeting The following town citizens spoke in opposition with concerns related to: pedestrian and traffic safety, drainage, flooding, work force housing density, parking, garbage generated, and Vacation Home impacts: Marcia Weaver, Kristen Hill, Liz Lord, Karen Nicholson, Adam Bensma, Brookie Gallagher, Nancy Fuller, Martha Rouch, Katie Sykes Town citizens speaking in favor stating the following reasons: the need for work force housing, property rights, many business owners and workers in favor, take advantage of developers willing to invest their money, and 352 people on the affordable housing waitlist: James Poppitz, Kent Smith, Jon Nicholas, Greg Rosener, Charley Dickey, Naomi Hawf Commissioner/Applicant Discussion: Paul Pewterbaugh emphasized that he understands the concerns of the neighbors, but this property has been zoned RM for years. Businesses using apartments for employees would be held to the same requirements as private renters. Covenants have an occupancy limit of two people per bedroom, plus one. Housing Authority will oversee the leases, as hired by the Town of Estes Park. One year leases are desired, six month leases are the minimum. The hope is to attract families that work and help run the town. Deed restrictions are 50 years, and run with the land. Joe Coop addressed the drainage questions clarifying how the drainage plan will help the neighborhoods to the east. Commissioner Comments: Comments are summarized, full comments can be found on the Town of Estes website at www.estes.gov/meetingvideos for 12 months from the date of meeting. •Workforce housing is needed but so is the need to be careful with unintended consequences •Abuse of the intended use of the density bonus. Two lots were combined but all the housing was placed on one lot, producing a density much greater than 16 units per acre, which was envisioned when the code amendment was adopted. •Maximum density does not have to be granted. The EVDC says up to a maximum of 200% depending on site-specific conditions. This is supported by the EVDC section 11.2.B "site-specific conditions may prevent maximum bonus density levels from being achieved due to the character of the land or surrounding uses." 230 RECORD OF PROCEEDINGS Estes Valley Planning Commission August 21, 2018 Board Room, Estes Park Town Hall •Inadequate facilities for parking within the development. Proposed parking is less than the EVDC requirement. •Traffic and parking on Lexington Lane. This road is narrow and it will be difficult to handle the traffic load. The Town does not even want to install "No Parking" signs, according to the developer. •Serious concerns for pedestrian and bicycle safety on Lexington Lane and at the Highway 7 crossing. •There are no conditions put on the project to mitigate parking and safety issues. •Lack of compromise on either side in the two months that have passed since the last public hearing. •Workforce housing needs to be addressed in sensible and reasonable way, respecting the rights and interests of all parties involved. It was moved and seconded (Foster/Schneider) to deny the Development Plan application without findings and the motion passed 4-2 with Theis and Murphree voting against. A ten minute recess was called at 4:20 6.APPROVAL OF A SPECIAL REVIEW TO ALLOW A “DAY CARE CENTER” IN A MULTI FAMILY-RM RESIDENTIAL ZONING DISTRICT Summary: in addition to the Development Plan, the applicant has included a proposal for a day care facility on the apartment site, to serve the residents but which is also intended to have the capacity or openings for children from outside the development. The daycare is proposed within an existing structure on the property, which would be remodeled and expanded, with a portion also used as a leasing office. Legal notices were published in the Estes Park Trail Gazette and adjacent property owners were notified. Staff recommends the Planning Commission forward a recommendation of approval of the Special Review Use for the Wind River Day Care Center to the Town Board of Trustees with the following condition: The approved use shall be consistent with the plans and information as submitted by the applicant for the Special Review Use. Applicant Pewterbaugh elected to continue with the Special Review of the Day Care Center stating that the Development Plan would attract a lot of young families, with a projected 60% use from the apartments. Steve Lane reviewed the plans for the day care facility and leasing office. It was moved and seconded (Schneider/White) to approve the application for a Special Review Use the item and the motion passed 6-0. 7.EVDC TEXT AMENDMENT 231 RECORD OF PROCEEDINGS Estes Valley Planning Commission August 21, 2018 Board Room, Estes Park Town Hall To add “Sightseeing/Tour Vehicle Facility” as an S2 Special Review use in the A, Accommodations, the CD, Downtown Commercial and the CO, Outlying Commercial Zoning Districts, and also add a definition of the same. Staff recommended a review of the amendment for compliance with the EVDC §3.3.D Code Amendments, Standards for Review and forward a recommendation to the Estes Park Town Board of Trustees and the Larimer County Commissioners for a final decision to approve. Staff/Commission Questions: It was explained that most users of Sightseeing/bus tours are staying in A zoning, thus the reason for putting buses in Accommodation Zoning, in addition to Commercial Zoning. The Special Review would allow rulings based on the specifics of individual applications. Public Comment: Bob Berman, 1442 Raven Circle, expressed concerns about putting a bus barn on one of the major entrances to the town while the other companies have found less obtrusive areas. This company is not new and had a different place to park at one time. Once approval is given to one company, it will open up the door for all other Special Reviews in A zoning, which are all over town. Commissioner Discussion: comments are summarized S2 review would be on a case by case basis with conditions allowed to be added. Don’t see the need to add the A zoning or change the code. This particular property has had problems with all businesses that have operated out of the location. The code has prohibitions for fueling and repairs in regard to the word “facility”. It was moved and seconded (Murphree/Leavitt) to recommend that the Estes Park Board of Trustees and the Board of Larimer County Commissioners approve the text amendment to the EVDC as presented by staff, with findings recommended by staff. The motion was approved 4-2 with Foster and Schneider voting against. 8.ESTES PARK TROLLEYS S-2 SPECIAL REVIEW The applicant requested approval of an S2 Special Review for the use, “Sightseeing/Tour Vehicle Facility” in the A, Accommodations Zoning District. Summary: this special review was contingent upon approval of the related Code Amendment. Staff found that this use has been established at this location for approximately one year, and impacts have been minimal. Staff recommends that Planning Commission forward a recommendation of approval of the Special Review Use for a Sightseeing/Tour Vehicle Facility in an A, Accommodations Zoning District with the following conditions: 1.The approved use shall generally be consistent with the materials submitted by the applicant, and shall specifically include the applicants proposed use of the facility only as a sales office and point of dispatch for tours, and the limitation on the number of vehicles in the fleet. 232 RECORD OF PROCEEDINGS Estes Valley Planning Commission August 21, 2018 Board Room, Estes Park Town Hall 2.Within 30 days of Special Review approval, applicant shall submit a Landscaping Plan to the Community Development Department, providing an effective screening with trees and shrubs from adjacent roads. The Landscaping Plan shall be reviewed and approve by staff, and the landscaping shall be established by the applicant within 60 days after staffs approval of the Landscaping Plan. Landscaping shall be inspected and approved by staff. Staff/Commission Questions: Director Hunt proposed, since the applicant was not present, two alternatives: continue the item to the next meeting or deny the application without prejudice. It was moved and seconded (Foster/White) to continue the Special Review Use for a Sightseeing/Tour Vehicle Facility to September 18, 2018. The motion passed 6-0. 9.UPPER THOMPSON SANITATION DISCTRICT LOCATION AND EXTENT REVIEW Planner W oeber detailed the review of a location and extent for a partial rebuild of the sanitation districts existing office/shop facility in a CO, Outlying Commercial Zoning District. The proposal involves rebuilding an approximately 3000 square foot building, including the office and one of the seven garage bays, all proposed within the existing footprint. Legal notices were published in the Estes Park Trail Gazette and adjacent property owners were notified. Staff recommends the Planning Commission approve the Location and Extent Review Application as submitted by the applicant. Applicant Discussion: Jess Reetz, Cornerstone Engineering, stated that the project is much needed as the facility is old and outdated. It was moved and seconded (Theis/Foster) to approve the Upper Thompson Sanitation District’s application for a Location and Extent Review, with staff findings. The motion passed 6-0. 10. PROPOSED TEXT AMENDMENT TO THE ESTES VALLEY DEVELOPMENT CODE: EVDC §3.2 STANDARD DEVELOPMENT REVIEW PROCEDURE B. NEIGHBORHOOD AND COMMUNITY MEETING, §3.2 F SUMMARY TABLE STANDARD DEVELOPMENT REVIEW PROCESS BY APPLICATION TYPE, CHAPTER 13 DEFINITIONS, AND APPENDIX B SUBMITTAL REQUREMENTS. Planner Becker discussed the proposed Text Amendment that would allow property owners to become informed and involved in the Estes Valley Development Review Process in regard to projects in their neighborhood. Staff/Commission Discussion: An application will be deemed incomplete if meeting is not held. If a meeting was attempted, but did not happen, a letter would need to be submitted stating why. This would apply to anything that requires a public meeting, including Annexation and 233 RECORD OF PROCEEDINGS Estes Valley Planning Commission August 21, 2018 Board Room, Estes Park Town Hall Rezoning. Use classification would only be a recommendation and not required, since use classifications may not be applicable to a specific location. Public Comment: Naomi Hawf, Estes Park Housing Authority, questioned how and what type of notice would be sent. Hunt and Becker answered that a 10 day notice prior to meeting, an ad in the newspaper and a mailing using the same address list as the Community Development office would be required. It was moved and seconded (White/Foster) to recommend that the Estes Park Town Board of Trustees and the Board of Larimer County Commissioners approve the text amendment to the Estes Valley Development Code, according to findings of fact and as recommended by staff. The motion passed 5-0. (Commissioner Murphree left meeting early) 11. REPORTS Due to the length of the meeting, there were no reports given. There being no further business, Chair Leavitt adjourned the meeting at 5:35 p.m. _________________________________ Bob Leavitt, Chair __________________________________ Karin Swanlund, Recording Secretary 234 1 RESTRICTIVE COVENANT AND AGREEMENT THIS RESTRICTIVE COVENANT AND AGREEMENT (“Agreement”) dated as of ___________________, 2018 (the “Effective Date”) is entered into by and between Wind River Holdings, LLC (the “Owner”) and the Town of Estes Park (the “Town”), a Colorado Municipal Corporation, on the Effective Date stated herein. RECITALS Section 11.4.C. of the Estes Valley Development Code (“EVDC”) provides that a property owner may receive a density bonus with respect to “attainable” and “workforce” housing. The Owner has obtained approval from the Town for the development of __________ multi-family structures consisting of ______ residential rental units. Such approval includes the density bonus which requires that the housing units be subject to the restrictive covenants set forth in this Agreement to assure occupancy of the residential units qualifies them as workforce housing, attainable housing, or a combination of both. IN WITNESS WHEREOF, in consideration of the foregoing Recitals, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereby declare that the Property (as hereinafter defined) shall be held, sold, occupied and conveyed subject to the following covenants, restrictions, and conditions, all of which shall be covenants running with the land and which covenants, restrictions, and conditions shall be binding on all parties having any right, title, or interest in the Property, or any part thereof. Definitions. “AMI” means Larimer County Area Median Income as annually published by the U.S. Department of Housing and Urban Development. “Attainable Household” is defined in section 6.3(a). “Attainable Housing Unit” means a Residential Unit, the occupancy of which is restricted to an Attainable Household. “Current EVDC” means the Estes Valley Development Code in effect as of the Effective Date. “Earned Income” for a person for any year means the W-2 and/or current pay stubs and self-employment income earned by that person as reflected on that person’s most recently filed federal tax return or as set forth in a sworn statement by that person. “Housing Cost Limit” means with respect to a Residential Unit the amount in the row corresponding to 150% of AMI (Area Median Income) set forth as the maximum rent, based on the number of bedrooms, in the rent table for developments with federal low income housing tax credits and Colorado Housing and Finance Authority loans (the “Maximum Rent Table”) published annually by Colorado Housing and Finance Authority for Larimer County Colorado (which is based on tables published annually by HUD to determine eligibility for assisted housing programs) or if the Maximum Rent Table is not published, the most comparable replacement or 235 Updated Agreement Includes Attorney White's Comments 2 successor table prepared using similar methodology. The Housing Cost Limit based on the foregoing shall be effective 45 days after publication of the Maximum Rent Table and shall remain in effect until 45 days after publication of the Maximum Rent Table for the following year. A copy of the Maximum Rent Table in effect as of the date of this Agreement is attached hereto as Exhibit A. “Housing Costs” with respect to a Residential Unit means the annual rent of that Residential Unit plus (i) an amount equal to the annual utility allowances defined by HUD based on the number of bedrooms in the Residential Unit (regardless of the actual costs or charges for such utilities) and (ii) any other charges, computed on an annual basis, that are required to be paid under the Rental Agreement. For this purpose, utility charges may be estimated in good faith by the Owner. Housing Costs shall exclude any charges that are optional (i.e., not required to be paid in under a basic Rental Agreement for the Residential Unit that excludes such option such as fees for pets and amenities). “Occupancy Certification” means a certification in the form attached hereto (or such other form as may be approved by the Town) to be executed by the person(s) executing a Rental Agreement as occupants. “Occupancy Limit” means one plus two times the number of bedrooms in the Residential Unit. “Occupancy Requirements” is defined in section 6.1. “Owner” means Wind River Holdings, LLC and any subsequent transferee, assignee, or successor in title to the Property or any portion thereof. “Property” means the real property described in Exhibit B. “Qualified Household” is a Qualified Workforce Household or an Attainable Household. “Qualified Workforce Household” is defined in section 6.2(a). “Rental Agreement” is defined in section 6.4. “Residential Unit” means a residential rental unit located on the Property. “Workforce Housing Unit” means a Residential Unit, the occupancy of which is restricted to a Qualified Workforce Household. “Term” is defined in section 5.1. Other definitions may appear in the Agreement. Purpose. The purpose of this Agreement is to enforce the restrictions in the Current EVDC that apply to the Property in connection with the grant of the density bonus for attainable and workforce housing. 236 3 Recording and Filing; Covenants to Run with the Land. Recording, Covenants Run with the Land. This Agreement shall be placed of record in the real property records of Larimer County, Colorado, being the county in which the Property is located and except as otherwise provided herein, the covenants contained herein shall run with the land and shall bind, and the benefits shall inure to, respectively, the Owner and its successors and assigns, and the Town and its successors and assigns, and all subsequent owners of the Property or any interest therein during the Term. Satisfaction of Requirements. The Owner agrees that any and all requirements of the laws of the State of Colorado to be satisfied in order for the provisions of this Agreement to constitute restrictive covenants running with the land shall be deemed to be satisfied in full, and that any requirements of privity of estate are intended to be satisfied, or in the alternate that an equitable servitude has been created to insure that these restrictions run with the land. During the Term, each and every contract, deed or other instrument hereafter executed conveying the Property or portion thereof shall expressly provide that such conveyance is subject to this Agreement, provided, however, the covenants contained herein shall survive and be effective as to successors and assigns of all or any portion of the Property, regardless of whether such contract, deed or other instrument hereafter executed conveying the Property or portion thereof provides that such conveyance is subject to this Agreement. Representations, Covenants and Warranties of the Owner. On the Effective Date, the Owner covenants, represents and warrants as follows: Organization. The Owner is duly organized under the laws of the State of Colorado, and is qualified to transact business under the laws of the State. Good Title. The Owner has good and marketable title to the Property. Consistency Requirement. The Owner has not and will not execute any other agreement with provisions contradictory to, or in opposition to, the provisions hereof, and in any event, the requirements of this Agreement are paramount and controlling as to the rights and obligations herein set forth and supersede any other provisions in conflict herewith. Required Consents. The Owner will obtain the written consent of any prior recorded lienholder on the Property to this Agreement prior to the first application for any development permit (i.e. grading or building) for the Property. Term of Agreement. Term. In accordance with the requirements of the EVDC, this Agreement shall remain in effect for each Residential Unit on the Property for a period of fifty (50) years from the Effective Date (the “Term”). Termination. Upon expiration of the Term, this Agreement and each of its provisions shall terminate without further action by the parties. On and after expiration of the Term, upon the written request of any current owner of the Property, the Town shall promptly execute and deliver to such owner a statement of termination of this Agreement in recordable form 237 4 which may recorded by such owner, but the Agreement shall terminate whether or not any such statement is recorded. Restrictions on Use and Occupancy. Restriction on Occupancy. Each occupied Residential Unit shall be occupied as either an Attainable Housing Unit or a Workforce Housing Unit (the “Occupancy Requirements”). For this purpose, the provisions of Sections 6.2 and 6.3 shall apply. Workforce Housing. Qualified Workforce Household Definition. A “Qualified Workforce Household” means the occupants of a Residential Unit that are either (i) members of a family unit related by blood, marriage or adoption, or (ii) unrelated individuals living together whose number does not exceed the Occupancy Limit, in each case who occupy the Residential Unit; where all occupants have common access to and common use of all living and eating areas and all facilities for the preparation and serving of food within the Residential Unit; and where at least one adult (eighteen years old or older) who occupies the Residential Unit as his or her principal residence is employed (or self-employed) for an average of at least thirty hours per week on an annual basis within the boundaries of the Estes Park School District R-3 (such employed occupant is referred to as a “Qualified Workforce Occupant”). Transition Rules: A person age 65 years or older who was a Qualified Workforce Occupant for at least seven (7) consecutive years ending on the date such person attained the age of 65 years shall continue to be regarded as a Qualified Workforce Occupant for so long as he or she continuously occupies the Residential Unit after attaining the age of 65 years. If, after the occupancy of the Residential Unit has commenced by the members of a Qualified Workforce Household, the status of a Qualified Workforce Occupant changes so that such person is no longer considered to be a Qualified Workforce Occupant, such person and the other persons occupying the Residential Unit under the Rental Agreement shall continue to be considered to constitute a Qualified Workforce Household until termination of the Rental Agreement unless a longer period of occupancy is authorized in writing by the Town. Attainable Housing. Attainable Housing Definition. An “Attainable Household” means occupants of a Residential Unit that are either (i) a family unit related by blood, marriage or adoption, or (ii) unrelated individuals living together whose number does not exceed the Occupancy Limit, in each case who occupy the Residential Unit and where all occupants have common access to and common use of all living and eating areas and all facilities for the preparation and serving of food within the Residential Unit and where – 238 5 the combined Earned Income of all of the occupants does not exceed 150% of AMI, and the Housing Costs do not exceed the Housing Cost Limit. Transition Rule. If, after the occupancy of the Residential Unit has commenced by the members of an Attainable Household, the combined Earned Income of all of the occupants exceeds 150% of AMI, the occupants of the Residential Unit shall continue to be considered an Attainable Household until termination of the Rental Agreement unless a longer period of occupancy is authorized in writing by the Town. Rental Agreements. Each Residential Unit shall be rented to occupants pursuant to a written rental agreement (a “Rental Agreement”) that provides a rental term of at least six months and not more than one year (except that a Rental Agreement may provide that its term ends on the last day of the month that includes the one-year anniversary of the commencement of the Rental Agreement) and which requires the occupants to constitute a Qualified Household on the date of execution of the Rental Agreement and during the term of the Rental Agreement. The form of Rental Agreement to be utilized by the Owner shall provide for termination of the Rental Agreement and the consent by the occupants to immediate eviction as a result of any knowing material misrepresentation with respect to the Occupancy Requirements made by the person or persons executing the Rental Agreement. Each Rental Agreement shall prohibit occupancy or use of the Residential Unit as a short term or vacation rental as defined in the EVDC and the Town’s Municipal Code. Each Rental Agreement shall prohibit assignment or subleasing without the consent of the Owner which consent must be denied unless after the assignment or sublease, the occupants will constitute a Qualified Household. Nothing contained in this agreement shall prohibit the Owner from entering into one or more master leases of Residential Units with terms in excess of one year provided that each Rental Agreement entered into pursuant to the master lease satisfies the requirements of this Agreement. Relief and Extraordinary Circumstances. The Town may grant a variance, exception or waiver from the requirements of this Section 6 based upon the written request of the Owner. Such variance, exception or waiver may be granted by the Town only upon a finding that: (i) the circumstances justifying the granting of the variance, exception or waiver are unique; (ii) a strict application of this Section 6 would result in an extraordinary hardship; and (iii) the variance, exception or waiver is consistent with the intent and purpose of this Agreement. No variance, exception or waiver shall be granted by the Town if its effect would be to nullify the intent and purpose of this Agreement. In granting a variance, exception or waiver of the provisions of this Section 6, the Town may impose specific conditions of approval, and shall fix the duration of the term of such variance, exception or waiver. Compliance, Monitoring and Enforcement. Certification. Each person executing a Rental Agreement as an occupant shall also execute an Occupancy Certification at the time of execution of the Rental Agreement and each renewal thereof to ensure compliance with this Agreement. The Owner will deliver to the Town the executed Rental Agreement and Occupancy Certificates as soon as practicable, but in any event within three business days, which may be done electronically as a facsimile or an image attached 239 6 to an email. If the Town determines on the basis of reasonable evidence that any statement on an Occupancy Certificate is substantially untrue and, as a result, the occupants do not meet the Occupancy Requirements, the Town may notify the Owner within three business days after its receipt of the Rental Agreement and Occupancy Certifications and the Rental Agreement shall terminate. Further Actions. In addition to its specific agreements and undertakings in this Agreement, the Owner shall take or cause to be taken all other and further actions reasonably required by the Town in order to confirm satisfaction of the Occupancy Requirements. Verification and Certification Requirement. The Owner shall be responsible for taking reasonable steps to verify that Qualified Households occupy all of the occupied Residential Units in accordance with this Agreement and shall certify to the Town on or before January 31st of each calendar year that to the best of the Owner’s knowledge, all occupied Rental Units are occupied in compliance with this Agreement or if not so occupied, the certification shall describe the steps the Owner is taking to remedy the noncompliance. All certifications required by this Section shall be in the form and contain all documentation reasonably required by the Town. Rules, Regulations, Standards, and Fees. Upon not less than 30 days prior written notice to the Owner, the Town shall have the authority promulgate and adopt such reasonable rules, regulations, standards, and fees as it may deem appropriate, from time to time, for the purpose of carrying out its obligations and responsibilities described herein. Delegation of Owner Verification. The Owner, and any successors thereto, may use the services of a property manager or other agent (i.e., an accountant, attorney, etc.) to assist it in meeting its verification obligations hereunder. Transfer of Town Administration. The Town may contract with or use a third party to assist or manage the Town’s role in the verification and administration of the occupancy of the Residential Units and the terms of this Agreement. Enforcement. The Town and each Owner hereby grants and assigns to the Town the right to review the Rental Agreements in force and enforce compliance with this Agreement. Compliance may be enforced by the Town by any lawful means, including without limitation, seeking any equitable relief including, without limitation, specific performance and other equitable relief. Any equitable relief may be sought singly or in combination with such legal remedies as the Town may be entitled to, either pursuant to this Agreement, under the laws of the State of Colorado. Remedies; Attorney Fees. In the event the Town commences litigation with respect to any or all provisions of this Agreement, the party that substantially prevails on the merits shall be awarded reasonable attorney's fees and court costs. GENERAL PROVISIONS Notices. Any notice, consent, approval, or request that is required to be given hereunder shall be given by mailing the same, certified mail, return receipt requ ested, properly addressed and with postage fully prepaid as follows: 240 7 OWNER: Wind River Holdings, LLC 3303 W. 144th Avenue, Unit 106 Broomfield, CO 80023 THE TOWN: Town of Estes Park Attn: Community Development Director P O Box 1200 Estes Park, CO 80517 Severability. Whenever possible, each provision of this Agreement and any other related document shall be interpreted in such manner as to be valid under applicable law. If any provision of this Agreement shall be invalid or prohibited under said applicable law, such provisions shall be ineffective to the extent of such invalidity or prohibition without invalidating the remaining provisions of such document. Governing Law and Jurisdiction. These Restrictions and each and every related document are to be governed and construed in accordance with the laws of the State of Colorado. Any legal action to enforce the terms of this Agreement shall be brought in the appropriate court of Larimer County, State of Colorado. Binding Agreement. The provisions and covenants contained herein shall inure to the benefit of and be binding upon the successors and assigns of the Owner and the Town. Amendment. Any modifications of this Agreement shall be effective only when made by a duly executed instrument by the Owner (or its successor) and the Town. Recordation. Upon execution, this Agreement shall be recorded in the real property records of Larimer County, State of Colorado. Entire Agreement. This Agreement including the recitals and the exhibits and attachments constitutes the entire agreement between the parties hereto with respect to the matters set forth herein. Captions are intended for convenience of reference and shall not be considered a part of this Agreement. No Third Party Beneficiaries. This Agreement is made and entered into for the sole protection and benefit of the Town and the Owner. Except as otherwise specifically provided for herein, no other person, persons, entity or entities, including without limitation the occupants of a Residential Unit, shall have any right of action with respect to this Agreement or right to claim any right or benefit from the terms provided in this Agreement or be deemed a third party beneficiary of this Agreement. Non-Liability. The Town and its respective employees, members, officers and agents shall not be liable to any Owner or third party by virtue of the exercise of their rights or the performance of their obligations under this Agreement. The Town is relying on, and does not waive or intend to waive by any provision of this Agreement, the monetary limitations or any other rights, immunities or protections afforded by the Governmental Immunity Act, Section 24-10-101, 241 8 et seq. C.R.S., as it may be amended, or any other limitation, right, immunity or protection otherwise available to the Town. [Signatures appear on following page.] 242 9 OWNER: Wind River Holdings, LLC, a Colorado limited liability company By: _____________________________ __________________, its __________ STATE OF COLORADO ) ) ss. COUNTY OF LARIMER ) Subscribed and sworn to before me this ______ day of _______, 20___, by ____________ ______________________ as a manager of Wind River Holdings, LLC. Witness my hand and official seal. ____________________________ Notary Public TOWN OF ESTES PARK: By: _______________________________ ____________________________ STATE OF COLORADO ) ) ss. COUNTY OF LARIMER ) Subscribed and sworn to before me this ______ day of _______, 20___, by ___________________ as ________________________ of the Town of Estes Park. Witness my hand and official seal. ____________________________ Notary Public 243 Exhibit A Exhibit A Copy of Maximum Rent Table Currently in Effect 244 Exhibit B Exhibit B Legal Description of the Property 245 Occupancy Certification FORM OF OCCUPANCY CERTIFICATION (see attached) 246 Occupancy Certification OCCUPANCY CERTIFICATION The undersigned (“Applicant”) is making or has made an application to ________________ (the “Owner Representative”) to rent [Unit ____/a unit] (the “Unit”) of the apartment complex known as _______________________, ______________________, Estes Park, Colorado (the “Apartment Complex”). Occupancy of the Unit in the Apartment Complex is limited to those where either the occupancy qualifies as a Qualified Workforce Household or an Attainable Household as specified in Section 2 below. Applicant hereby states and affirms to the Town of Estes Park, Colorado under penalties of perjury that on the date of this Occupancy Certification each of the following is true and accurate: All of the persons who will occupy the Unit at any time during the term of the lease of the Unit are listed below (the “Occupants”). All of the Occupants are either (i) members of a family unit related by blood, marriage or adoption, or (ii) unrelated individuals living together whose number does not exceed 3 in the case of a one bedroom Unit, 5 in the case of a two bedroom unit or 7 in the case of a three bedroom Unit. List of Occupants: _________________________________ _________________________________ _________________________________ _________________________________ _________________________________ _________________________________ _________________________________ _________________________________ The Occupants  are /  are not members of a family unit related by blood, marriage or adoption. Choose at least one of (a) or (b): _______________________________ (name of one Occupant) is eighteen years old or older, will occupy the Unit as his or her principal residence and is currently employed (or self-employed) and on the date occupancy is commenced under the lease for the Unit will be employed (or self-employed) for an average of at least thirty hours per week on an annual basis within the boundaries of the Estes Park School District R-3 as depicted on the attached map of that district. The earned income of Applicant combined with the earned income of each other person who will occupy the Unit during the term of the lease does not, and will not on the date occupancy is commenced under the lease for the Unit, exceed $__________________ being 150% of AMI. 247 Occupancy Certification During the term of the lease of the Unit, Applicant will notify the Owner Representative in writing no later than seven days after any of the statements made in this Occupancy Certification are not true and accurate (“Changed Circumstances”) determined as if the lease of the Unit were to commence immediately after the occurrence of Changed Circumstances.1 Dated ____________________________, 20__. ________________________________________ Occupant Signature ________________________________________ Occupant Name (print) ________________________________________ ________________________________________ Occupant Address ________________________________________ Occupant phone number ________________________________________ Occupant date of birth (month, day and year) 1 Note that Changed Circumstances will not prohibit the Occupants from continuing to occupy the Unit until the termination of the lease of the Unit, but may prevent the lease of the Unit from being renewed or extended. If an Occupant subsequently attains the age of 65 years and has fully satisfied the requirements of 2(a), above, for at least seven (7) consecutive years ending on the date such Occupant attained the age of 65 years, such Occupant and other Occupants shall continue to be regarded as a having met the requirements of 2(a) for so long as he or she continuously occupies the Unit after attaining the age of 65 years. 248 Occupancy Certification Map of Estes Park School District R-3 (attached) 249 250       Wind River Apartment Homes Development Application: Code Analys is June 12, 2018 Dear Commissioners- Residents of the Lexington Lane neighborhood have retained Ascent Planning Solutions services to conduct an independant code analysis of the proposed Wind River Apartment Homes. 1 The code analysis finds at least 31 points of non-compliance. These points are described in the accompanying Code Analysis, Slope Analysis, and Photographic Descriptions. The subject property is approximately 5.75 acres and is currently undeveloped with the exception of a small historic cabin located in the southern portion of the property. The property is mostly open grassland meadow that is frequented by the various animal species that inhabit Estes Park. The site has a gentle slope from west down to the east and has no other specific site design constraints. This memo summarizes neighborhood survey results and describes how the development code can address neighborhood concerns. Neighborhood Survey: A survey of 46 nearby property owners finds three main concerns: 1. Respect for the neighborhood; 2. Vehicular Traffic; 3. Density Bonus; The neighborhood survey reveals the number one issue is respect for the neighborhood. We have found the neighborhood is not opposed to the general concept of the development but feel the development does not respect the neighborhood and has not attempted to mitigate impacts. This is not a “NIMBY” situation. The neighborhood asks only to follow the code and ensure this development integrates with the well-established single-family neighborhood. The Planning Commission can ensure impacts to the neighborhood are mitigated with tools provided by the development code. 1 This analysis did not include the proposed daycare facility except with consideration to buffering and traffic specific to that use. Wind River Apartments Code Analysis 251 Documents Provided by Neighborhood Code Analysis: A code analysis reveals at least 31 code sections with which the application does not comply. The Statement of Intent does not explain how the proposed subdivision meets the applicable standards for review as set forth in Chapter 4 and Chapter 7 of this Code so this analysis could not determine why these standards have not been met. These next few pages summarize those issues that have the most impact on the site and the surrounding land uses. Requested Waivers: The application lists two requested “waiver” to code standards: 1. Sidewalk along Highway 7: Justification for this request includes lack of curb/gutter: This is a state highway; the concept is a detached sidewalk such as on Moraine Avenue. The statement of intent makes reference to an attached sidewalk, and notes that in some instances a sidewalk may be located outside of an existing right-of-way. The statement of intent does not mention that highway right-of-way dedication is 75-feet from centerline and that additional right-of-way dedication is required for this development. A detached sidewalk along Moraine Avenue would provide a buffer for pedestrians and provide area for a drainage swale to help minimize the large stormwater pond proposed for the NE corner. The proposed internal sidewalk is an indirect connection from the existing crosswalk to the daycare facility. This does not appear to satisfy requirements to provide pedestrian amenities and linkages to schools, nor does it appear to satisfy Appendix D.V.1.A which requires compliance with the ADA (eg most direct route). There is no debate regarding the applicability of this standard. Section 4.3 is titled Additional Zoning District Standards and is not in any way described as a “subdivision standard” as the Statement of Intent asserts. Furthermore, Section 4.3.D specifically states “s idewalks shall be provided as set forth in §10.5.D.” This is no ambiguity in the word “shall”: this is a direct and intentional reference to invoke this code standard. It is not a typo or an accident this language is in the code. 2. Corner radius for interior drive: Requests from street design standards must be approved by the Town Engineer. The development code specifies the Town Engineer shall find the request “advances the goals and purposes of this Code” and “either results in less visual impact, more effective environmental or open space preservation, relieves practical difficulties in developing a site, or results in the use of superior engineering standards than those required.” Wind River Apartments Code Analysis 252 The Statement of Intent specifies the purpose of the request is “to enable the units to fit” with supporting justification as a traffic calming device. The Statement of Intent does not describe any other supporting justification nor explain how this will result in less visual impact, more effective environmental or open space preservation, relieves practical difficulties associated with the site, nor describes any superior engineering standards. The request to change the code to fit the application is not supported with a rational explanation as to why the code must be changed instead of the building design. The statement that this would serve as a traffic calming device is not supported by the Statement of Intent and does not appear in the literature. Traffic calming devices are never a stand-alone technique and incorporate several items such as speed tables, chicanes, neck-downs, traffic circles, pavement markings, etc. Earlier version of the statement of intent included other waiver requests which have been removed. This appears to be a technical violation of the development code Section 3.2.C which prohibits “changes to the development application or any accompanying plans or information” after submittal.This standard is intended to ensure applications are complete and ready for review upon submittal. This ensures applications do not frivolously waste staff, public, appointed or elected official time and to avoid confusion and complication in the review process. Density Calculation: The application does not net rights-of-way from the gross land area before calculating allowable units, as required by Section 1.9.C. and supported by Appendix D.II.A. Right-of-way for Lexington Lane, Highway 7 and the private street are required to be netted from the gross land area. This has not been done, which means the density calculation is based on gross land area. Preliminary estimates are that 38,600 s.f. should be netted from the gross 251,412 s.f.. This would reduce the allowable density to 40 units, 80 with a maximum density bonus (density bonus assumes all code requirements are met, Section 11.2.B). Site Grading: Approval of the grading plan as designed will have a significant impact on the site. Section 7.2.B.3 requires that “c utting and grading to create benches or pads for additional or larger building sites or lawns shall be avoided to the maximum extent feasible.” Wind River Apartments Code Analysis 253 The proposed site grading will essentially regrade the entire site to create large building sites, with the apartment buildings sitting on top of as much as ten feet of fill material instead of stepping buildings down the slope as required. As a result of this proposed Building 1 would tower approximately 55 feet above Highway 7. See Attachment A “Slope Profile” Landscaping: The landscaping plan does not comply with several requirements. Section 7.5.G.3 requires the landscaping plan incorporate landscape islands into the stormwater management plan to the maximum extent feasible. The proposed landscaping plan does not incorporate any landscape islands into the stormwater plan. This issue is significant because all the storm runoff is concentrated into one large detention facility instead of dispersing the impact throughout the site. Smaller ponds dispersed throughout the site reduce visual impact and create micro-habitats for wildlife. The landscaping plan includes a request to reduce the amount of district buffer landscaping and arterial landscaping buffer. The plan also includes a request to plant trees smaller than required by code (this request is not included in the requested waivers and is instead included as a secondary note conflicting with another note on the landscape plan). The plans includes little species variety, as required by the code. Wind River Apartments Code Analysis 254 The landscape plan locates required district buffer in a utility easement and drainage facility. This creates a likely situation where once landscaping reaches maturity and full effect it will need to be removed for maintenance at the detriment of the neighborhood and requiring future code enforcement. This appears to violate code requirements regarding locating trees to allow for full natural growth. Operational Performance Standards : Section 7.10 Operational Performance Standards is a powerful tool for the Planning Commission. This section allows the commission to impose conditions “upon the approval of any development to ensure that it is compatible with existing uses, including but not limited to , restrictions on: 1.Placement of trash receptacles; 2.Location of loading and delivery areas; 3.Location, intensity and hours of illumination; and 4.Additional landscaping and buffering.” The words “not limited to” are extremely important: these open the door for the commission to impose conditions to ensure developments fit into the existing neighborhood. This does not mean the commission can impose any conditions they desire. It does mean the commission can impose conditions that have a rational and proportional nexis with the impact they are intended to mitigate. Traffic and Pedestrian Considerations: The development code requires pedestrian connections to existing bikeways and walkways (eg Highway 7) unless the Planning Commission finds that the connection will have a negative impact on environmental factors. This means the proposed pedestrian signal should be made a condition of approval and CDOT approval should be verified before Planning Commission decision. The development code also requires sidewalks, from which the applicant requests a waiver. This analysis found no provision in the development code to a waiver to this code requirement. The traffic study finds the additional traffic does not trigger adopted warrants for road system improvements. The traffic study finds that a deceleration lane on Highway 7 would be necessary for speeds 40 mph and over and correctly states the speed limit at the intersection is 35 mph. The study does not mention the speed limit is 45 mph on the other side of that intersection and the study does not mention what the average travel speed is for this portion of the road. The traffic study also classifies Lexington Lane as local street instead of a collector. Section 7.12.H specifies “all developments shall be required to demonstrate that there will be no significant adverse impact on existing transportation levels of service, access and vehicular movement on any arterial or collector street or intersection within one-quarter (¼) mile of the site or that any such adverse impact has been mitigated to the maximum extent feasible.” Wind River Apartments Code Analysis 255 This analysis finds that each and every off the nearly 400 daily trips generated by the “bonus” units brings a significant adverse impact in the eyes of the Lexington Lane neighborhood: Each and every morning when they take their kids to school or go to work they will encounter “ bonus traffic .” Existing residents and property owners are being asked to bear the brunt of additional units with no consideration for the adverse impact on their daily lives. Planning Commission requirement for turn lanes would help mitigate this adverse impact Deed Restriction: Sections 4.3.D and 11.4 require a deed restriction to be eligible for the workforce housing density bonus. The development code requires the deed restriction “shall be subject to review by the decision-making body …. with the associated development plan.” The application package did not include this required document even though the Planning Commission must review it as part of the density bonus request. This means we do not know how these units will be reserved for workforce housing or what workforce it will house or any other number of questions. Are there arrangements with local employers? Will these be for year round or seasonal employees? What is the targeted income range? Section 11.2.B No Guarantee of Density . The provisions of this Chapter shall not be interpreted as guarantees of achievable density. Developments using bonus provisions shall be subject to all other applicable regulations of this Code. These other regulations or site-specific conditions may prevent maximum bonus density levels from being achieved due to the character of the land or surrounding uses. In summary, the Lexington Lane neighborhood requests the existing application either be withdrawn by the applicant or be amended to comply with the development code before Planning Commission decision. I intend to follow this memo with a short presentation to the Planning Commission. I will keep my presentation focussed on the body of the memo and allow time for the Commission to ask questions. Serving on the Commission is an often difficult and thankless task and I thank you for your time. Respectfully, David W. Shirk, MUP, AICP Principal, Ascent Planning Solutions About the author: Mr. Shirk has two decades of land planning experience working in multiple jurisdictions. Mr. Shirk moved to Estes Park to serve as the first town/county planner and administered the Estes Valley Development Code for its first 15 years. Wind River Apartments Code Analysis 256 Code Analysis: This analysis finds the application does not comply with the following Estes Valley Development Code standards. 1. §1.9.C.1 Net Land Area . Requires right-of-way for public and private streets be netted from gross land area. 2. §1.9.C.4. “ The number of dwelling or accommodation units allowed on a site is based on the presumption that all other applicable standards shall be met. The maximum density established for a zoning district (see Chapter 4) is not a guarantee that such densities may be obtained, nor a valid justification for varying other dimensional or development standards.” 3. §3.7.A.2b EVPC Authority to Grant Minor Modifications . Requires “the EVPC finds that such modification advances the goals and purposes of this Code and either results in less visual impact or more effective environmental or open space preservation, or relieves practical difficulties in developing a site” 4. §3.7.A.3: Reference to criteria in determining practical difficulty in developing a site. 5. §4.3.C.1.a Density Calculation . Requires right-of-way for public and private streets be netted from gross land area. 6. §4.3.D.1 Table 4-3 Minimum Private Open Areas . Requires 15% open area for Multi-Family developments. 7. §4.3.D.3 Pedestrian Amenities and Linkage Requirements . 8. §4.3.D.6g Deed Restriction Required . Deed restriction not submitted with application. 9. §7.2.B.3 Cutting to Create Benches “Cutting and grading to create benches or pads for additional or larger building sites or lawns shall be avoided to the maximum extent feasible.” 10. §7.2.B.8 Detention/Stormwater Facilities . “Where detention basins and other storm and erosion control facilities may be required, any adverse visual and aesthetic impacts on the natural landscape and topography shall be minimized to the maximum extent feasible.” 11. §7.4.A.2 Private Open Areas . Requires compliance with Section 4.3.D 12. §7.5.D.2c Species Mix . “Species variation is required for all landscape plans because species uniformity can result in disease susceptibility and eventual demise of a large portion of a landscape at one (1) time. Landscape plans shall exhibit species variation, which shall increase based on the number of trees proposed in the landscaping plan.” 13. §7.5.D.2.d Minimum Plant Sizes . Requires tree size mix of 50% 6-foot and 50% 8-foot. 257 14. §7.5.D.3 Location and Arrangement of Required Landscaping . “Trees shall be planted to allow for normal growth in height and shape without the need for excessive pruning.” 15. §7.5.F Buffering and Screening . “Buffering is intended to help mitigate the physical, visual and environmental impacts created by development on adjacent properties. Buffering and screening creates a visual buffer between incompatible or differing land uses.” 16. §7.5.F.2a3. “A minimum buffer consisting of eight (8) evergreen trees and eleven (11) shrubs per one hundred (100) linear feet of district boundary shall be installed.” 17. §7.5.F.2b6 No Development in Street Frontage Buffer Area . The proposed stormwater detention facility falls within the definition of development, per Section 13.3. 80, which means “... the making of any material change in the use or appearance of any structure or land”. 18. §7.5.G.2 Parking Lot Perimeter Landscaping . “All parking lots containing six (6) or more spaces shall provide perimeter landscaping pursuant to the General Requirements below, except where abutting property is determined by Staff to be unbuildable or visually separated by topographic features.” 19. §7.5.G.3b Minimum Requirement . “ A minimum of six percent (6%) of the total interior parking lot area shall be landscaped with planted islands. A minimum of one (1) tree and two (2) shrubs must be planted in interior islands for every two thousand five hundred (2,500) square feet of parking lot, exclusive of perimeter plantings.” 20. §7.5.G.3c3 Landscape Islands . “ Islands shall be arranged to maximize shading of parking spaces.” 21.§7.5.G.3c5 Landscape Islands. “To the maximum extent feasible, landscape islands shall be incorporated in the stormwater management plan and located to break up large areas of impermeable surface, allowing areas for water infiltration.” 22. §7.5.J Maintenance Requirements . Maintenance requirements for landscape buffer located in stormwater swale will prevent district buffer from functioning as intended. 23. §7.9.A Purpose : “Exterior lighting shall be evaluated in the development review process to ensure that the functional and security needs of the project are met in a way that does not adversely affect the adjacent properties or neighborhood. The degree to which exterior night lighting affects a property owner or neighborhood will be examined considering the light source, level of illumination, hours of illumination and need for illumination in relation to the effects of the lighting on adjacent property owners and the neighborhood.” 24. §7.11.E Parking Studies . Parking studies are intended for uses that don’t fit into existing land use classifications described in the code. These are apartments/condos, no different from any other in Estes Park (except for the ‘bonus’ parking). 258 25. §7.11.J3 Location of (ADA) spaces . “Required spaces for persons with disabilities shall be located in close proximity to building entrances and shall be designed to permit occupants of vehicles to reach the building entrance on an unobstructed path. 26. §7.11.M Bicycle Racks . Required bike parking not provided. 27. §7.11.O2 Surfacing and Maintenance . Required information not provided. 28. §7.12.H.1a: Requires the application mitigate adverse traffic impacts. No mitigation proposed. 29. §7.13.B.2 “ Areas for outdoor storage, trash collection or compaction, loading or other such uses shall be located in the rear of the lot. If that is not feasible, then the side yard can be used, but in no case shall areas be located within twenty (20) feet of any public street, public sidewalk or internal pedestrian way.” 30. §7.13.B.3 “ Outdoor storage, HVAC equipment, trash collection, trash compaction and other service functions shall be incorporated into the overall design of the building and the landscaping plan. Views of these areas shall be screened from visibility from all property lines and separated from pedestrian areas.” 31. §11.2..B No Guarantee of Density. “The provisions of this Chapter shall not be interpreted as guarantees of achievable density. Developments using bonus provisions shall be subject to all other applicable regulations of this Code. These other regulations or site-specific conditions may prevent maximum bonus density levels from being achieved due to the character of the land or surrounding uses.” 32.Appendix B.III.A.4 Statement of Intent . “All development plan applications shall include a written Statement of Intent explaining how the proposed subdivision meets the applicable standards for review as set forth in Chapter 4 and Chapter 7 of this Code. 33.Appendix B.III.C Development Plan Submittal Requirements : x. Parking and Loading Area Plan . Plan drawings (scale of 1" = 20") showing the following: (1)Location, dimensions and amounts of off-street parking spaces and off-street loading areas, including handicapped parking spaces and accessible handicap routes from such spaces to building entrances. (2)Parking and driving aisle configuration. (3)Bike facilities. (4)Provisions for vehicular and pedestrian circulation. (5)The location of sidewalks, wheel stops, lighting and curbs on and adjacent to the property. (6)The location of utilities, barriers, shelters and signs. (7)As applicable, location, dimensions and amounts/types of landscaping for the parking lot, with interior and perimeter landscaping indicated. 259 (8)Typical cross-sections of pavement/surfacing. (9)Stormwater drainage facilities for the parking and loading areas. (10)Any other information deemed necessary by Staff to make a fully informed and deliberate decision on the parking plan. y. Streets and Driveways . Locations and cross-sections of all existing and proposed public and private streets, driveways and access fire lanes bounding, intersecting and lying within the subject area, including access points to boundary streets and locations and dimensions of all existing and proposed curb cuts. Include a notation as to whether each street is intended for through traffic, neighborhood traffic or local service traffic. If private streets or driveways are included, show surveyed centerline geometry for such streets and label such private streets on the plan. z. Walkways, Sidewalks and Trails . Location and dimension of all existing or proposed pedestrian walkways, sidewalks, equestrian trails, bikeways and other trails. Include locations and dimensions of all easements across property abutting the subject property that are necessary to link the subject property to existing or proposed off-street pedestrian, bicycle or equestrian trails. aa. Land Dedication Areas for parks, public open areas, trails, storm drainage. Also areas for nondedicated (private) open areas and recreation areas. bb. Landscaping, Buffering and Exterior Lighting Plan . Plan drawings (scale of 1" = 20') showing the following: (1)Location and character of existing and proposed landscaping, including types of surfaces to be used for specific areas. Include planting schedule and species, sizes and quantities of planting material. (2)Location, character and species of all individual trees measuring eight (8) inches DBH and larger located inside of and within twenty-five (25) feet of the proposed limits of disturbance. All trees greater than eight (8) inches DBH that are proposed to be removed shall be noted on the plan. (3)Location, dimensions and materials to be used for fences, walls, berms, screening (where applicable) and retaining walls. Include proposed typical designs for all fencing. (4)Location and dimensions of all buffer areas from zone district boundaries, wetlands and stream/river corridors. (5)Cost estimate of proposed landscaping improvements. (6) Proposed maintenance plan for landscaping improvements. (7) Location, height and type of exterior lighting fixtures. cc.Signage Design . General location, dimensions and typical design for signs. mm.Transmittal Letter Confirming That the Proposed Development Has Been Staked at the Site for purposes of Staff and Planning Commission on-site review and inspection. 260 Slope Profile: Wind River Site Grading Plan Why grading are requirements important: Approval of this grading plan will result in a building 50'+ tall above the existing grade at the corner of Lexington Lane and Highway 7 This graph plots data points extrapolated from the development plan. The graph and illustrates the grading profile creates a bench profile across the overall property. The area between the lines represents fill material. This graphic below approximates the data point locations through the site Distance from East property line Ex. Elv Prop. Elv 0 78 83 19 80 76 39 82 92 68 84 93 85 85 92 123 88 93 154 90 94 180 92 95 198 94 96 228 95 97 255 97 99 270 99 99 280 100 100 290 101 101 261 Photographic Descriptions of Development Requirements Grading to Create Benches: The development code is intended to protect the natural character of Estes Park as the community builds. The concept is for individual developments to minimize their impact on the existing natural character of the site. These individual efforts have a cumulative impact, with the idea being to maintain our mountain character in the face of urbanization. Example of overlot grading: Example of a development complying with one standard (maximum change to grade with retaining wall) but failing to comply with another (creating benches). 262 Solitude - Design buildings to fit the site instead of changing the site to fit buildings. 263 Stormwater Management and W ildlife Habitat: The development code requires parking lot landscaping islands be incorporated into the stormwater management plan. No landscape islands: Example of micro-habitat created from parking lot stormwater runoff 264 Landscaping: A thick solid wall of evergreens is required to provide a visual and aural buffer between developments. Mature street buffer (note the detached sidewalk and storm swale): Opportunities Lost Interior parking lot landscaping Street landscape buffer: No parking lot perimeter landscaping: 265 Pedestrian Connections: A common argument against installing sidewalks or pedestrian connections is “this does not connect to anything.” An excellent example of how sidewalks and pedestrian connections fit into an overall system is seen at Park River West, which built a sidewalk along Moraine Avenue and a trail connection along the Big Thompson River in the early 2000s. Pedestrian amenities - river trail connection 266 Equipment Screening: This is a requirement to help reduce the visual impact of new development. This is a detail that can sometimes be overlooked. The application does not specify where mechanical equipment will be located so we do not know if this should be addressed with the landscaping plan or building plans. None: After the fact: Incorporated into the overall design 267 1 Date: September 18, 2018 To: Estes Park Board of Trustees CC: Jackie Williamson Subject: Proposed Wind River development on Lexington Lane, an updated neighborhood position statement For the public record and for posting in the Trustees’ packet of materials for their September 25, 2018, appeal hearing. Introduction A coalition of neighborhoods, the adjacent Lexington Lane neighborhood with the Eagles Landing, Eagles View, and Fairway Club neighborhoods (located directly across Highway 7 from the proposed development), are collectively opposed to the Wind River Apartment projects and the combination of Lots 1 & 2 of the Wapiti Crossing Minor Subdivision. We are not opposed to the proposed day care center on Lot 2 of the Wapiti Crossing Minor Subdivision, nor are we opposed to development of the Wapiti Crossing Lot 1 into site appropriate multi-family housing. The following list of issues pertain to our neighborhood and to this specific development proposal but affect our entire community. This hearing, the processes, the procedures followed, and the extreme measures taken by the applicant and staff to leverage the maximum number of units under the label of “workforce” and “attainable” will become the example for all workforce and attainable housing projects in the future. Combining of Lots 1 & 2 The neighborhoods are opposed to the combining of Lots 1 & 2 of the Wapiti Crossing Minor Subdivision for the purpose of manipulating the combined land area in order to calculate the density on the combined lots while only actually developing the multifamily dwellings on Lot 1. You’ll also notice that by combining the lots, the greenspace and other code-required open spaces are present predominantly on Lot 2. This is a gross manipulation of the code and is resulting in a calculated 20 units per acre on the land that will actually be developed. The development of either property is not contingent on the recombination of Lots 1 and Lot 2. Each is an individual property, and each is zoned RM. Lot 1 can be developed into workforce and/or attainable housing. The applicant is proposing to do so with 94 apartment units. Lot 2 is zoned appropriately, and has been approved by the Planning Commission, for the stand-alone, commercial, community day care facility as proposed by the applicant. 268 2 The proposed density of the Lot 1 development is overwhelming for the available land area, is not code compliant, and is incongruent with the bordering E-zoned residential area. As two examples of what might be considered appropriate solutions for family workforce and attainable housing for this specific location and an area of this size, we offer: Reference Attachment A: The first is a creative example of attractive workforce housing for families, on a lot of equal area to Lot 1 (4.6 acres vs the 4.7 acres available on Lexington lane), submitted by Paul Brown and entitled “Twin Owls Village”. The plan is interesting and aesthetically pleasing with ample parking. The layout is not cramped. It presents a nicely landscaped development which blends easily with the surrounding residential neighborhood. This plan exemplifies an appropriately planned workforce or attainable housing development intended for young families. Reference Attachment B: The second example is the original Wapiti Crossing development plan as approved by the Town Board of Trustees ten years ago. Please note the combination of housing types, including a large multi-unit building accompanied by smaller individual units. The plans are appropriate to the landscape and surrounding area and are complete with attached or underground parking (an efficient use of the limited land area). It should be noted that these units were intended to be “market rate” properties just as the Wind River proposed “workforce” and “attainable” rental units are intended to be “market rate”. Code Non-Compliance Issues and Defects A recent review of the applicant’s revised and most recent submittal, the Addendum to the Statement of Intent of August 7, 1018, the “Changes to Plan” document filed by Van Horn Engineering dated August 7, 2018, and the applicant’s Development Plan, revised August 7, 2018, we continue to find a large number of code violations, objections, and concerns. Please refer to the “Wind River Apartment Homes Development Application: Code Analysis”, June 12, 2018, by Ascent Planning Solutions, for a complete analysis of the non-code compliant issues associated with this project. The misinterpretation of the EVDC in several areas plus the erroneous calculation for density have resulted in a proposed, overbuilt development. •Creates terribly unsafe vehicular and pedestrian movement •Calculation for density is incorrect and not based on the land area which will be developed •Access from Highway 7 and from Lexington Lane is via a private street, not a driveway and must be subtracted from the gross land area of Lot 1 •Parking that is non-compliant with the EVDC (proposed 182 spaces vs. code required 204 spaces) •No transitional buffer between an extremely high-density proposal and an E zoned residential area. •The landscaping buffer planted in drainage swales and over an easement contrary to EVDC 7.5.D.3 269 3 •Safety concerns (Substantially increased traffic, the narrow width of Lexington Lane in the area of the proposed development, no turn lanes onto or from Highway 7, lack of a safe pedestrian cross walk) •Revised Grading/Fill minimally lowers the building heights and still presents a 50’+ building height relative to Highway 7 street level •Requesting a waiver for 37’ minimum centerline radius vs. 50’ as required by EVDC, Appendix D Street Design and Construction Standards.2. H.1 •Non-compliance with the CDOT request for an additional 25’ Right of Way along Highway 7 •No storage is to be provided in non-compliance with EVDE 7.13.B.2 & 3 •Aesthetic concerns (violation of green space, appropriate landscaping and effective buffering, etc.) Lot 1 Density Calculation The density for Lot 1 has been incorrectly calculated. The proposed 94-unit complex is based on the maximum bonus density allowable plus the addition of the gross land area of Lot 2 (added to the gross land area of Lot 1) in order to provide the maximum number of units possible. Those units will, as stated in the application and shown on the development plan, only be built on Lot 1. Lot 2 is a separate development with its own development plan which has been approved for a child care center by the Planning Commission. As stated in the Revised Statement of Intent, 05/15/18, pg.1, “In addition to developing Lot 1 as a 94-unit apartment complex, the area of Lot 2 is proposed to be developed as an associated leasing office and day care facility.” The 94-unit density calculation is in error. The land area which must be used to calculate the allowable density is the gross area of Lot 1, minus the areas of rights-of-way and private streets. Note: In addition to the density being incorrectly calculated, the open space and landscaping requirements must also be based on the net area of Lot 1. The 94-unit density which is intended to be built on Lot 1 would result in 20 units/acre density (94 units/4.73 acres = 20 units/acre). This non-code compliant and this extreme overbuilding is responsible for creating most, if not all, of the problems being discussed by this Board today. For general reference see below and Attachment D: 4.73 acres x 16 units/acre = 76 units 4.73 acres x 8 units/acre = 38 units Graves Ave apartments (are all condos owned by one person) 18 units/1.5 acres = 12 units/acre Twin Owls Motor Lodge 44 units/4.56 acres = 10 units/acre 270 4 Private Through Street The private street, Golf Course Road, passing through the property as proposed, connecting Highway 7 and Lexington was said to be a driveway but that statement is in error. The EVDC clearly states in Appendix D, Section III General Site Access.3. B.6.e: “Multi-family Developments. A driveway may provide access for not more than one hundred twenty (120) vehicle trips per day.” This is a private street which is intended to provide access for more than 774 vehicle trips per day (per the TIS) and as an access to a child care center. Private street requirements do apply and the area covered by the street subtracted from the gross land area of Lot 1. Parking Rather than complying with the EVDC code requirement of 2.25 parking places per unit, the developer has presented a “parking study” which suggests only 164 parking spaces will be required by this development. In addition, the applicant has presented examples of what other communities require in their regulations. It should be noted that both the parking study and the examples cited by the applicant have a typical suburban and non-seasonal based economy supported by public transportation and abundant 24/7 shift work opportunities unlike Estes Park. Neither the study, nor the “look what they can do, why can’t we” argument changes the fact that this plan is so over-developed that the EVDC required number of parking spaces cannot be met. In consideration of the lack of public transportation to this area, a case can be made that, due to the type of block housing this is, more parking spaces than required by code will be needed rather than fewer. Consider, since this complex has already obtained, per the developer, a number of businesses committed to master lease agreements for large numbers of apartments, e.g. the school district and the Stanley, including some for summer employees, each apartment could house up to eight people. If half the 8 tenants/unit had automobiles, the number of parking spaces required would be nearly double what is projected by the study or proposed in the development plan. 94 units/8 persons per unit = 752 occupants. If half of the occupants had cars, 376 parking places would be required. A second method of calculating parking, using the applicant’s statement of anticipated occupancy, is based on 2 people per bedroom plus one. Given his assumptions: 16 one-bedroom units x 3 occupants per unit = 48 occupants 76 two-bedroom units x 5 occupants per unit = 390 occupants for a total of 438 occupants. Again, if only half of the occupants had vehicles, 219 parking spaces would be required. Neither method takes into consideration the need to park or store trailers, campers, ATV’s, boats, motorcycles, etc. In addition, the developer stated that he intended to offer “Master Leases” to businesses who were “lining up” for the opportunity. This clearly implies the intent of housing multiple, non-related individuals per unit at the maximum occupancy allowed. It is reasonable to assume that these non- related individuals will most likely have separate vehicles, thus requiring a higher number of parking spaces. 271 5 Should this development be built with inadequate parking, parking will naturally overflow to the surrounding neighborhoods starting along Lexington Lane – a narrow street with insufficient room for parked vehicles which would choke the road to 1 lane only causing a significant safety concern for pedestrian and vehicle traffic turning onto and off of HWY 7. The number of parking spaces is a code requirement, it is not optional. Buffering The lack of appropriate buffering is a two-fold problem. 1)A high density/ three story development is not appropriate adjacent to an established, e- zoned residential area without a transition buffer. The Mayor and Town Board of Trustees, on June 26, 2018, heard an appeal of the Twin Owls proposed rezoning of an R-2 parcel to RM for the purposes of obtaining an increase in density and a 3-story height allowance. The appeal was denied in large part because, as commented by the Mayor, “R2 is the appropriate zoning for a buffer between A-accommodations and the estate zoning…. …. I am very leery of changing zoning just to accommodate more density especially this close to estate zoning.……if we were talking about RM then R2 then Estate zoning I think that’s the appropriate to go because that actually maintains the buffer that I think we need” (Town of Estes Park Board meeting, June 26, 2018, 2:10:10). Trustee Norris had previously commented that he liked “the idea of having a buffer zone between A (zones) and E (zones)”. It is understood that the Twin Owls appeal was in regard to a re-zoning proposal and the Wind River Apartments proposal is for an existing RM zoned property. However, this proposal creates similar, but twice as dense, unacceptable conditions (actually 20 units/acre vs 10 units/acre for A zones and the Twin Owls) as ruled on by the Town Board. This is a property with RM zoning requesting a maximum density bonus and a 38’ building height allowance with little to no buffering and sharing a property line with established E-zoned residential properties. RM zoning (8 units/acre) with a code compliant landscaping buffer would be appropriate. 2)As a second related problem, the current proposal so overbuilds the land area that the code required basic landscaping buffers have not (cannot) be met. The EVDC (7.5. Landscaping and Buffers) details specific requirements for buffers meant to screen large-scale developments and parking lots from districts (adjacent properties with different zoning), streets, and parking lots. Although corrections have been made to the landscaping plan, the landscaping buffer is still less than adequate and is planned to be planted in the drainage swale and on a utility easement. This is in non-compliance with EVDC. Traffic & Safety The inter-related subjects of traffic and safety have also fallen victim to interpretations, assumptions, and uncertainty between responsible agencies. The Traffic Impact Study has been cited by the applicants and by staff as the reason why widening Lexington Lane in the area of the development is not required and why turn lanes onto Highway 7 are not required as a 272 6 means to mitigate the increased danger to pedestrians and kids on bicycles resulting from the increased traffic. The same is true regarding turn lanes from Highway 7 on to Lexington Lane and into the development on the proposed Golf Course road extension accessing and passing through the complex. The Traffic Impact Study estimate of an additional 774 daily trips created by this development was too low to trigger any street or safety improvements. Reference Attachment D: The Town Board should be aware that a number of 51 (rather than the assumed number of 50 provided in the Traffic Impact Study) left turns at the peak hour from Lexington onto Highway 7 would have triggered the requirement for a left had turn lane. It should be noted that the Pedestrian Study commissioned by the applicant, performed on Friday and Saturday, July 27 – 28, 2018, prior to the opening of the school year is now considered further justification for not pursuing the matter further with CDOT and insisting on a lighted crosswalk across Highway 7. It is clear that turn lanes should be required as well as a lighted, rapid-flash crosswalk at Lexington Lane. These safety problems are of a higher importance then the targeted housing types and demand non-award of any density bonus. The housing on the 4.7-acre lot can still freely be attainable/workforce – just within the RM density limit. Zoning is an aspect of governmental police power to protect the health, safety and welfare of the public. Protecting public safety is zoning’s paramount purpose and justification – far more important than trying to achieve social goals, however laudable – and to use zoning to imperil public safety is particularly antithetical and irresponsible. CDOT Right of Way CDOT has requested twenty-five feet additional right of way along Highway 7 to meet its standards. According to CDOT it is the Town’s responsibility to require that additional ROW of the developer. It was deemed by staff that the 15’ easement proposed by the applicant might suffice because CDOT had no plans for that ROW in their immediate scope of work. Since that time, the applicant has presented CDOT’s plan for an improved stormwater drainage project. It is a code requirement to execute CDOT’s request for ROW, not an option. Firetruck turning radius - Reference Attachment D The applicant has requested a waiver from the required (Appendix D Street Design and Construction Standards.2. H.1) minimum centerline radius of 50’ down to 37’. Please take note of the cautionary warning on the Fire Truck Turning Template drawing: “NOTE: ACCESS FOR EMERGENCY FIRE APPARATUS WILL REQUIRE CAREFUL DRIVING BY THE OPERATOR OF THE VEHICLE. THIS PATH HAS BEEN DESIGNED SUCH THAT THE WHEEL PATHS OF THE FIRE APPARATUS CAN PASS ALONG THE FINISHED SURFACE OF THE ROAD/PARKING LOT. CARE MUST BE TAKEN SHOULD ACCESS BE REQUIRED DURING ADVERSE WEATHER/DRIVING CONDITIONS”. 273 7 This highlights a dangerously marginal condition which has serious safety and welfare implications. Grading and Fill The applicant withdrew the waiver request for grading and fill. The letter from the engineering company, August 7, 2018, indicates that buildings 2 -4 will be lowered by 6 inches on the east and building 1 lowered from 15 to 27 inches”. However, the revised plans still show grading and filling that will result in the three-story buildings appearing higher than the 38’ allowance at street level. They will appear 50’+ in height, much higher than the 38’ allowed. A review of the Restrictive Covenant and Agreements indicates that several important topics have not addressed: •Regulating lessees to ensure attainable housing is being provided (and paid for) by individuals. •Requirement for tenants to be the lessees. •Restricting or regulating businesses or corporations from leasing large blocks of units for use as “dormitory” style housing and taking advantage of both the density allowance and market rate housing intended for our workforce. •A rent schedule or formula for determining how actual rents (in dollars) will be determined. Please note that this developer’s “property rights” extend only to property as it is zoned and Sections 11.2(B) and 11.4(B) & (D) of the Estes Valley Development Code state that the density incentive is not guaranteed and that the surrounding property uses are to be considered. In closing, it is important that you know that this neighborhood group consists of young professionals, families with children in grammar school through high school. We are school teachers, health care professionals, business owners, and retirees. We are a cross section of the community, of the residents of Estes Park you represent. We are not nay-sayers opposed to development and we are not opposed to the development of this lot. We have provided solutions, examples of multifamily developments that are compatible with the surrounding neighborhoods and can meet code requirements. We are asking the Town Board to carefully examine the details of this application and the ramifications of overbuilding the land area. We know this proposal is labeled “workforce” and “attainable” but there are just too many non-compliance issues, too many marginal conditions, and too many liberties taken that jeopardize public safety and defy common sense! Too many is too many regardless of the cause it may be serving. There are clear and ample grounds to uphold the Planning Commission’s decision and deny this appeal. Respectfully, The following residents of the neighborhoods adjacent to the proposed Wind River development: Respectfully, Elizabeth (Betsy) Ugalde 911 Elk Hollow Court Suzanne Williams 1131 Fairway Club Cir B4 274 8 Carla Anderson 1131 Fairway Club Cir B4 Norma Pettijohn 1151 Fairway Club Circle, Unit 1 Adam and Sheena Bensman 1085 Lexington Lane Pat Boynton 1130 Fairway Club Circle Unit 2 Dick and Linda Bushmiller 1150 Fairway Club Circle Unit 2 Richard Coe 1070 Pine Knoll Drive Coreen Boeding 1130 Fairway Club Circle # John Grogan 1130 Fairway Club Circle #3 Elaine Downing 1066 Pine Knoll Drive Steve and Carol Enyeart csenyeart@juno.com Steve and Marie Fladung 1022 Pine Knoll Drive Frederick and Judy Hess 1172 Fairway Club Lane #1 Chris and Kristen Hill 919 Elk Hollow Court Donald and Sandra Libby 910 Elk Meadow Court Shon Dermody 1019 Lexington Lane Lisbeth Lord Eagles Landing G-2 Lindsay Meeks and Brookie Gallagher 1030 Lexington Lane Rick and Peggy Pepmiller 1039 Pine Knoll Drive Kathryn Reed 1034 Pine Knoll Drive Dr. Carla Jane Shinners 1030 Pine Knoll Drive Gary and Jan Trunnell 1061 Lexington Lane Fred Mares and Paulette Robles 895 Elk Meadow Court John and Nancy Micek 1170 Fairway Club Circle #2 Larry and Gwenda Purdy 1035 Pine Knoll Drive Mitch (Derrell) and Beverly Mitchell 1016 Lexington Lane Ray and Cindy Leaycraft 1170 Fairway Club Cir. Unit 1 Cindy and Andy Morgan 1075 Lexington Lane Linda and Steve Mosier 1101 Lexington Lane Blake and Karen Nicholson 905 Village Green Lane John and Connie Phipps, owners 1051 Lexington Lane Barbara Pratt 1101 A Lexington Lane Jim and Robin Scritchfield 907 Elk Hollow Court 275 9 John and Sally Stevenson Sallystevenson@msn.com Josh and Marsha Weaver 1031 Lexington Lane Sundee Pietsch 1023 Lexington Ln Diane Wolf 1190 Fairway Club Circle#2 Joel and Elizabeth Paddock 1180 Fairway Club Circle #1 Mike & Cindy Vanek 1034 Lexington Lane Ted Hockenberry 1130 Fairway Club Circle #3 Susan Ricci 1141 Fairway Club Circle #4 Jeff and Kathy Klipstein 810 Bailey Lane Barry K. Stein Stein & Associates Dorothy & Richard Billingham 1141 Fairway Club Circle Beverly Anne Estes, MD 1210 Fairway Club #2 276 10 Attachments 277 11 278 12 279 13 280 14 281 15 282 16 283 17 284 18 285 19 286 MEMORANDUM TO: Estes Park Board of Trustees FROM: Rick Zier, Attorney at law RE: Wind River Apartment proposal DATE: September 19, 2018 The following comments are offered for your consideration as you deliberate, discuss, and decide whether to approve the above proposal. 1.Section 11.2.B. of the Estes Valley Development Code (EVDC) makes clear that density bonuses are never guaranteed, but rather are subject to all other relevant aspects of the Code AND to site-specific conditions. A developer may be denied a density bonus or have his requested bonus reduced depending on the issues and problems pertaining to the particular proposal. It is necessarily a case by case review; each case is different and must be examined closely to determine the appropriateness of any density bonus. RM zoned properties are merely eligible for a density bonus regarding attainable or workforce housing - they are by no means assured of it. 2.Section 11.4.D. of the EVDC contains the maximum limit of a density bonus for attainable and workforce housing units, fixed at 200% of the maximum density of the particular property as it is zoned. Significantly, the Code says such units are eligible for "up to" 200% of the base maximum density. This language underscores that if some density bonus is allowed in a given case, it is not automatically or necessarily the full 200% of maximum bonus. It is erroneous to contend, if a bonus is applied for and the request is found to have merit, that the maximum bonus allowed by the Code MUST be accorded. The Town may freely fractionalize any bonus award as it deems fit under the applicable Code provisions and site conditions. 3.In the context of this proposal, where double density bonus of 5.7 acres is sought, the combination of the 4.7 acre lot and the 1.0 acre lot is fraught with legal problems. The 1.0 acre lot is the subject of a separate and independent childcare facility proposal, in which little if anything about the lot combination has been mentioned. The applicant hopes to use open space and landscaping on the 1.0 acre lot to achieve his minimum requirements in those areas after the 4.7 acre lot is combined with it. This divide-and-conquer approach does not allow for the comprehensive review of all relevant issues having to do with the ultimate condition of a childcare facility and housing units on a single lot. That is NOT the intent of the Code and it is unfair to the Town to be asked to review such a changing proposal. The open space will not be easily or practically useable by the apartment residents and the landscaping won't act to screen or soften the visual aspect of the apartments at all. The density bonus requested for the full 5.7 acres is tainted by the fact that the requested apartments AND the childcare facility will both occupy the 5.7 acre lot, if it is combined. The Code does not contemplate a staggered series of uses that are combined into one - it assumes, naturally, 287 that a proposal that involves mixed uses such as this one be submitted as a single, integrated one that may be comprehensively reviewed at once as a whole. Adding one lot to a second one that is proposed for housing, merely for the purpose of purloining credits inuring to the first lot in order to gain approval of a use that is occurring solely on the second lot, is illegal. There is simply no authority for such a scheme to be found in the Code. 4.There is no basis for the staff to grant a minor modification which acts to reduce minimum required parking standards on this crammed site. Inadequate parking leads to greater vehicle emissions as spaces are sought, conflicts among people, illegally parked cars, and safety problems. Section 3.7 of the EVDC only permits staff-approved minor modifications where the staff determines that "such modification advances the goals and purposes of [the] Code and results in more effective environmental or open space preservation or relieves practical difficulties in developing a site." None of those factors are present here, and quite obviously the opposite of each of them is what a reduction is parking would mean. Developers who request maximum density bonuses through gerrymandering while at the same time requesting reduced parking make the case for denying both themselves. 5.The safety problems for vehicular travelers and pedestrians that will be caused by this development, if approved as proposed, are manifest. Traffic counts that are one or two vehicle trips below thresholds that would require significant road improvements (such as this applicant's traffic report) should always be viewed skeptically; if site conditions merit, the road improvements should be imposed nevertheless. That is certainly the case here. These issues involving safety are not just casual matters to be treated as any other development review criteria. They are central to the Town's governmental charge from the people: Protect us. The very fundamental power of government in the United States, the police power, is based on ensuring the health, safety, and welfare of the people. The zoning power has been determined to be, and is justified as, an element of police power. Consider: If the Town Board declared openly that it was going to change the Municipal Code to say that henceforth in Estes Park attainable/workforce housing would be regarded as more important than public safety, the uproar would be deafening and the recall of any Trustee who voted for such an outlandish measure certain. No one would doubt that. And so, although attainable/workforce housing is a worthy goal, it must not be achieved - or achieved at an unwarranted density - at the expense of public safety. Thank you. 288 289 Additional Public Comment Mayor Todd Jirsa and Town of Estes Park Board of Trustees 170 MacGregor Avenue P.O. Box 1200 Estes Park, CO 80517 September 17, 2018 Dear Mayor Jirsa and Members of the Board of Trustees of Estes Park, This letter is in regard to the proposed Wind River Development. The Estes Park Planning Commission voted on August 21, 2018 to reject the application for the Wind River Apartments Development. We urge the Town Board of Trustees and the Mayor to uphold the Planning Commission’s decision and to reject the application for the Wind River Apartments Development. We have major reservations about the proposed Wind River Apartments Development on Highway 7 near its intersections with Lexington Avenue and Golf Course Road. We live lower in the watershed from this property in the Fairway Club Condominiums. The most obvious concern about this project (even to a casual observer) is the issue of housing density. The proposal calls for building 94 multi- family dwelling units on 5.77 acres in an area surrounded by single family homes. However, after reading the proposal, we also have concerns about the alleged purpose of the project, and the project’s impact on flooding and traffic flow in the area. The proposal describes the development as an “attainable work force housing project.” However, the only mention of this aspect of the development is in the opening statement. There is never any mention of how affordable long-term housing would result from this project. Would there be requirements for long-term leases? What would prevent this project from becoming nothing more than providing short-term vacation rentals? Without detailed requirements that this project is indeed for long-term renters at affordable rates, one can only assume that “attainable work force housing” would not result from this development. We are very concerned about the possible effects of this project on flooding. Our homeowners association recently expended a considerable amount of money and effort to address water mitigation issues in the aftermath of CDOT alterations on Highway 7. On several occasions we have witnessed torrents of water rushing through our neighborhood during normal summer monsoonal thunderstorms. Building four three-story apartment buildings with 94 units and associated parking lots directly above us in the watershed could be a major threat to our property. We already have flooding issues. Building and paving over a significant part (the proposal states 5.2 acres of the 5.77 acre site will be “disturbed’) of the watershed directly above us will likely make this much worse. The section of the proposal on water runoff is not reassuring. It states that the runoff coefficients “are directly related to the percentage of impervious coverage for a particular basin and are based on the N.R.C.S. Type D soils as shown on the U.S.G.S. soil mapping included in the appendix of this report.” There is no appendix to this report. We did find an attachments section which included a “soil map” that has mislabeled the road on the north side of the area (i.e. what appears to be Lexington Lane is labeled Concord Lane). The “map” also includes a warning that it “may not be valid at this scale,” and the report is not clear about how the soil measurements were obtained. The report also “uses 290 theoretical hydrologic rainfall information for statistical rainfall events in this area,” without referring to what “this area” is, or how the “theoretical hydrologic rainfall information” is calculated. While none of this necessarily refutes the accuracy of this part of the report, it does make it difficult for a layperson with obvious concerns about water runoff issues to determine its validity. The report states that “off-site flow” will be “diverted at the western boundary and passed through the northern portion of the site” through a system of detention ponds and then funneled underneath Lexington Avenue. Will the geology of this area allow for the development of detention ponds with the capacity to handle runoff from a 100 year event? The report does not address this. What happens to the water after it is diverted under Lexington Lane? The discharge from the southern part of the project is supposed to be “diverted along the southern boundary of the project within existing drainage flow paths that will not be altered by this development.” This is not at all reassuring to those of us who reside directly below in this watershed. We already have flooding problems, which would be further exacerbated by building and paving over a significant part of the watershed immediately above us. We have read the proposal on the impact on traffic flow in the area, and, once again, are quite concerned. The proposal includes creating a new four-way intersection at Golf Course Road and Highway 7. There is nothing in the proposal about adding new lanes or a stoplight. Drivers going east or west at the stop signs at this intersection will be confronted with monitoring north-south traffic on a major highway leading into Estes Park, while also trying to determine the intent of drivers trying to turn onto the other side of the highway. This will significantly increase the odds of accidents at this intersection. In summary, we see a proposal that purports to create affordable housing without providing any evidence that it will do so. The proposed development is much too dense for the character of the surrounding neighborhood, and will likely lead to significant flooding and traffic problems. We strongly oppose this development. We urge the Mayor and the members of the Estes Park Board of Trustees to uphold the decision made by the Estes Park Planning Commission and to reject the application for the Wind River Development. Sincerely, Joel and Elizabeth Paddock 1180 Fairway Club Circle #1 Estes Park, CO 80517 lizhagenpaddock@gmail.com 291 Wind River Apartment Development appeal September 14, 2018 Dear Trustees I respectfully urge you to reject the appeal of this proposed project without requiring significant modifications. While the need for workforce housing in Estes Park is very real, approving a project that is not in keeping with the character of the community and will not provide ​quality​ housing for professionals or families is not in the best interests of the town. Mistakes made today will be with us for decades to come and could produce a blight rather than a model. The proposed design intends to take advantage of multiple recent significant changes in zoning--requesting maximum density bonus, that would allow double the current density limit, and building to the new increased 3 story limit. Just one of these density increases will result in an enormous change in the character of the neighborhood and the town. But, here it would be two significant density increases, which together may compound their impacts with unanticipated negative results. Additionally, it is of great concern that the developer has requested the combining of two lots, with the apparent purpose of even further increasing the density of the development by using the combined acreage for density calculations but building the apartments essentially on only one lot. I wonder whether this is even legal… It is certainly not a design that will provide desirable housing for professionals or families, as promised. This will provide warehousing instead of quality housing that the town can be proud of. Once built, we will all have to live with this for decades to come. My letter will be too long if I go into detail about the inadequate parking provided in the design, the unaddressed safety concerns, including but not limited to, lack of safe pedestrian crossing to allow access to sidewalks and multi use trails to schools, rec center, etc. But, I believe it is clear that there are enough significant issues with the design that must be addressed before it can be approved. I do understand the serious need for workforce housing in Estes Park, and I am not opposed to the development of the property, but I urge against moving hastily to approve what may not ultimately be the best long term solution for the community. Please, demand a 292 design that provides quality desirable housing that residents, and the entire community, can be proud of. ​Please do not allow yourselves to be swayed by a paper presentation of the numbers that can be housed in this development. It is people we want to house, not numbers. If they are not well housed, no one is being well served. And, ultimately the entire community will suffer, rather than thrive, as a result of a numbers only decision. Thank you for your thoughtful consideration. Sincerely, Brookie Gallagher 293 September 18, 2018 To: Estes Park Mayor Todd Jirsa Town of Estes Park Board of Trustees Ref: Wind River Development Dear Mayor Jirsa and Town of Estes Park Trustees: I am sending this email in regard to the proposed Wind River Apartments development. I stand with many others in opposition to this project. As a nearby neighbor to the proposed project, I have read the documents, attended meetings, and closely followed the discussions pro and con. The fact is, the Town of Estes Park has seen fit to alter the development code for properties zoned RM in order to award the developer a workforce/attainable housing “density bonus.” The “density bonus” allows for the doubling of the density and increasing the building height limit to 38 feet. The proposed Wind River “density bonus” means cramming a 94-unit apartment complex of four three-story buildings onto a modestly sized plot of ground, with all of its attendant noise, lights, and traffic dangers. The project’s slope and grading plan would mean the three-story roofed buildings would have the appearance of towers over four stories in height – a shocking, ugly intrusion which would dominate the Highway 7 corridor and stand in stark contrast to the privately owned homes and condominiums which fit comfortably into the neighboring landscape. I do not object to multi-family housing designed in harmony with the neighborhood and the landscape. I would not object to multi-family housing placed on this property that would follow the original density code which was in effect before recent series code changes took place. Development code requirements should not be quietly relaxed in a piecemeal fashion. Zoning use regulations should mean something. In a residential neighborhood they should be an assurance that the local government is looking out for the safety, stability and integrity of the area. Allowing this high- density behemoth to ruin the neighborhood would be nothing less than a betrayal. Yours truly, Diane Wolf 1190 Fairway Club Circle #2 Estes Park, CO 80517 970-586-2105 294 Wind River Development Anna Claassen <arclaassen@gmail.com> Mon, Sep 10, 2018 at 8:48 AM To: townclerk@estes.org To the Town Trustees, My concerns regarding this development is the high density. It seems as if the Codes have been “stretched” to allow the developer to cram as many units as possible into this project. With the daycare facility being proposed on one of the lots, I find it interesting that the developer is also trying to put as many housing units on that same lot and combining it with the other. TOO MUCH! Does the developer really care about needs, or is he/she just concerned about making as much money as possible? Anna Claassen Windriver Project on Hwy 7 Kay Tritico <gktritico@gmail.com> Mon, Sep 10, 2018 at 12:14 PM To: townclerk@estes.org We are deeply concerned about the Windriver Project on Hwy 7. Putting 3 story apartment buildings on this land is above the normal number for a property in a residential area. We are concerned of traffic coming and going in this quiet neighborhood, parking for visitors which will most likely overflow into the surrounding areas. We are not against seeing a lower volume of homes on that property, but definitely do not agree to the current plan. Respectfully, Guy & Kay Tritico 1152 Fairway Club Ln, Unit 1 Ester Park, Co 80517 (no subject) Dr. Carla Jane Shinners <McConahaey@live.com> Sun, Sep 16, 2018 at 4:29 AM To: "townclerk@estes.org" <townclerk@estes.org> Wind River Development, Sept, 2018 Dear Trustees: As a neighborhood we are totally OPPOSED to this Wind River Developer building an incredibly oversized potential ghetto in our quiet, safe, fully occupied neighborhood. So far Mr. Pewterbaugh has completely refused to address the ridiculous oversized density issue, the safety issue, the parking issue, the drainage issue so that his plans would have any credibility. The Planning Commission has voted him down..no changes made. He has shown NO RESPECT for our long standing neighborhood, full of well educated professional people, some of whom are retired, most not retired who understand exactly what he is trying to force on our community. We have raised very valid questions, all of which have been expressed on paper, in meetings, at town meetings, etc. Apparently 295 our very valid concerns have fallen on deaf ears, his ears. Just force ahead with the plans, make the money, etc. Until he can cut his density plans in half and address the various very valid issues that have been raised, which HE HAS COMPLETELY IGNORED, WE ASK THAT YOU VOTE “NO” ON HIS PROJECT. If we were coming into his neighborhood with the intent to destroy it, would he like it? No, he would not. Neither do we. Sincerely, Carla J. Shinners, EdD Fwd: Proposed Wind River Apartments Development Beverly Estes <bevatbayside@gmail.com> Wed, Sep 19, 2018 at 10:09 AM To: townclerk@estes.org To the Town Board of Trustees: I am writing this e-mail regarding the proposed Wind River Apartments Development on Lexington Lane. I own a condominium at 1210 Fairway Club #2 and would like to share my concerns about this proposal. We are across Highway 7 to the east of Lexington Lane. I am concerned about this development, and the possibility of any further problems with run off water drainage. We have already had to have special assessments for water mitigation resulting from water coming off Highway 7. I want to be sure this issue is properly addressed in their proposal. The second issue is with the density and height bonus. They have recombined the 2 lots in order to gain more density. We have reviewed this, and feel that the density was figured incorrectly.There would be 94 units and the building would be 3 stories, but would appear as 4 stories with the ridge line. This building does not fit in with the neighborhood. I have been a proponent of the need for workforce housing, but it should fit in with our neighborhoods. The third issue is increasing traffic in the area ,and the safety of children, and adults attempting to cross Highway 7 to use the walkway,etc on the east side. The proposal states there could be as many as 8 unrelated adults living in the units. It does not appear that they have allotted the number of parking spaces for the number of possible cars. They may be parking on Lexington Lane and even on the streets of Fairway Club. I am asking you to take these issues under advisement as you deliberate on this proposal. I have attended all of the planning commission meetings regarding this proposal, but am unable to attend this meeting. Thank you for considering my issues regarding this proposed project. Beverly Estes Re: the proposed Wind River Development E Downing <downinge@colorado.edu> Mon, Sep 17, 2018 at 10:47 AM To: townclerk@estes.org Dear Trustees, This email is in regards to the proposed Wind River Development. First let me express my personal opinion; I support the development of workforce housing. It is vital to our community. I am 296 not sure that the figures put out by the housing department are correct. I would like to see an accurate, current update. In regards to the Wind River development, I have serious concerns. The planned density on the two lots is excessive! To cram that many units in that space is beyond good reason. By overriding the height code and allowing a third floor simply adds to overcrowding. The second major concern is one of safety. I realize CDOT is not going to put a light at the intersection of Lexington Lane and HWY 7.It currently is very hard to turn left onto HWY 7 especially during the time of our visitors are accessing town. This will create even more problems with the proposed development. In addition I fear for the safety of the children who will be trying to walk or ride their bikes to school, the soccer fields, or the Rec center. Let alone run across the HWY to catch the bus in the morning. Additionally a sidewalk on the east side of the property fronting HWY 7 would be helpful. I have not heard about the details of management, maintenance, and upkeep of the facility. Furthermore what happens when seasonal workers are laid off and cannot afford to stay in Estes Park? I would like the Trustees to consider that to grow the workforce housing by using developer incentives with height variances and increased density is not in the best interest of the community and valley. Thank you for your time and consideration. Elaine Downing 1066 Pine Knoll Dr. Estes Park Wind River Development Lindsay Meeks <lindsaylmeeks@gmail.com> Fri, Sep 14, 2018 at 8:58 PM To: townclerk@estes.org Dear Trustees, I urge you to reject the appeal for the Wind River Development project as it stands. Instead, I suggest that you require a reduced density redesign, which would take into account the many concerns and suggestions made by community members as well as planning board commissioners over the past few months. The current design is far too dense and as such is inappropriate for the community. I do not oppose development of this land, however the proposed plan is just not acceptable or sustainable. It will not provide quality housing (the density is well beyond what families or professionals would consider livable). It does not provide adequate parking, which, along with additional traffic, will likely create safety issues for residents, neighbors, and the community as a whole. While it may provide seasonal warehousing, with numbers that look good on paper, the reality will be a development that the community will ultimately regret. The density of this project should be reduced and it should be calculated using only the lot on which it is proposed to be built. And, consideration should be given to allowing less than the maximum bonus allowance for workforce housing. As I noted, adequate parking is not being provided. A realistic estimation of spaces needed is not being used in the design. The likelihood that the proposed development will be populated by seasonal workers rather than families or professionals is high. The developer has acknowledged that businesses have inquired about obtaining “blocks: of apartments for their workers. It is possible, and legal, that up to 8 adults could occupy each unit, and even if only half this number occupy a unit, and have cars, there is no way the proposed parking spaces can accommodate these numbers. This proposed project will have a significant impact on not only the adjacent neighborhood but also on the entire Estes Park Community. Please consider that the planning commission could not 297 in good conscience approve the project as presented. This was after over 3 months of careful consideration as well as two public hearings with extensive input from both the developer and community members. Throughout this process, the developer made little to no adjustments in the design in response to numerous concerns raised. After numerous questions and concerns about inadequate parking, they responded by reducing the number of parking spaces. Adequate parking must be provided for a realistic estimation of spaces needed. The likelihood that the proposed development will be populated by seasonal workers rather than families is high. The developer has acknowledged that businesses have inquired about obtaining “blocks: of apartments for their workers. It is possible, and legal, that up to 8 adults could occupy each unit, and even if only half this number occupy a unit, and have cars, there is no way the proposed parking spaces can accommodate these numbers. I understand the serious need for workforce housing in Estes Park, but I urge against moving hastily to approve what may not ultimately be best long term solution for the community. If it takes more time and a required redesign to make sure it’s right, then please take that time and make that requirement. This development should only be approved as part of a holistic plan that includes seasonal rentals on existing residential properties spreading the impact and multiple complexes of reasonable size. This one complex will not solve the problem but only create more problems. Thank you for your consideration. Sincerely, Lindsay Meeks Wind River Properties Development Proposal bhuth2@aol.com <bhuth2@aol.com> Tue, Sep 18, 2018 at 3:30 PM To: townclerk@estes.org Town Board Members, My wife, Sara Ann Huth, and I, are among those who stand opposed to the Wind River Properties Proposal to build four 3-story apartment buildings on the lot located on the corner of Highway 7 and Lexington Lane. Both of us see a great disregard for existing building codes for the Town of Estes Park and the builders simply want variances to meet their goals. Yes, workforce housing is needed in Estes Park but this is NOT the right location. Safety, parking, lack of turn lanes, fire equipment issues, population density, CDOT recommendations, and more are presented in the present position statement by the attorney for those of us who live in Thousand Pines, Eagles' Landing, and the Golf Course Condos. We know that you will see that the Wind River Development proposal must be voted down by the sheer weight of the evidence and violations and a more appropriate location found. Hopefully yours, Rev. Bill and Sara Huth 921 Village Green Lane Estes Park, Colorado 970.586.6586 EP Town Board Meeting: Proposed Wind River Development Public Comment 298 Sheena Bensman <sheenabensman@gmail.com> Wed, Sep 19, 2018 at 11:00 AM To: townclerk@estes.org Dear Trustees, This email is in regard to the proposed Wind River Development. I strongly oppose the current development plan. My opposition stems from one primary fact: the current plan is far too dense and is not site appropriate which has led to a cascading effect of secondary issues such as: •Inadequate parking by 22 spaces (waiver requested by developer for code violation - not a solution) •Too little green space (majority of green space would be on Lot 2, leaving Lot 1 predominately buildings and parking concrete - developer is striving to combine lots to meet green space requirements - not a solution). The building site is not the gross land area of Lot 1 and Lot 2, it simply isn’t. •The 4-building development of 94 units would be developed solely on Lot 1 making the density 20 units/acre. How can we honestly justify using the combined land area of Lot 1 and Lot 2 to calculate maximum density on Lot 1 only? Since the developer owns both lots, he can use the separate lots to manipulate the code/density calculation for maximum density? That’s not honest, it’s not right. Lot 2 contains the approved plans for the daycare facility and the rest is green space (granite outcroppings); therefore, Lot 2 should be treated as a separate unit because it is functionally independent of Lot 1. The developer has said in the two Planning Commision meetings, “if not here, where?” Part of the housing problem can be solved here, and solved in a way to be a solid foundation for future workforce housing developments, but not as the current plans sit. As a community, we need to ensure careful consideration of the limitations of each piece of physical land, the safety of our community members, and the cause/effect of our current building plans and how they affect our future (adequate space for parking in a town where employees must have cars due to the limited public transportation, green space that meets code requirements, proper driveways in highly-populated areas for evacuation safety), etc. The developer and the hired engineers had many opportunities to defend the current plan. Defend that it was appropriate per all Estes Park building codes; however, they used a great deal of their speaking time hyping the need for workforce housing and painting my neighborhood in a negative light by saying we wanted to continue looking at an empty field. This is simply not true. If you look at the Planning Commission meeting recordings, you’ll see that all of the neighbors are in favor of this parcel being developed, but we are opposed to doing so in violation of building codes (as described thoroughly in the neighborhood position statement provided on 18 Sep 2018) and without consideration of the surrounding single family neighborhood (lack of appropriate transition buffering). In the Estes Park Trail Gazette (23 Mar 2018), the developer states, “The development meets all the code requirements, if not here, where?" "If not now, when?" My answers: It does not meet the codes. The current plan contains manipulation of the codes for the developer’s benefit and waiver requests for the developer’s benefit. When? When the plan is code compliant and site appropriate. Don’t let the developer cloud your judgement. This plan should be a case study for future developments in our beautiful town without regrets. Thank you for your time, Sheena Bensman 1085 Lexington Lane 299 9/21/2018 Town of Estes Park Mail - Appeal of Wind River Apartment Homes Project https://mail.google.com/mail/u/0/?ui=2&ik=54517dd595&jsver=7TA383j6YAs.en.&cbl=gmail_fe_180913.14_p3&view=pt&msg=165fe2f0e7d6de30&sea…1/2 Town Clerk <townclerk@estes.org> Appeal of Wind River Apartment Homes Project Jon <jnicholas@estesparkedc.com>Fri, Sep 21, 2018 at 4:10 PM To: townclerk@estes.org Cc: "James H. Pickering" <jhpick@earthlink.net>, Adam Shake <ashake@estesparkedc.com> Dear Mayor and Trustees: I write to you on behalf of the Estes Park EDC Board of Directors (which met September 20 to act on this letter) to reiterate our support for workforce housing and specifically for the Wind River Apartment Homes project. Comments on behalf of this Board were previously submitted on June 15, 2018 to both the Estes Valley Planning Commission and the Town Board via email. Briefly, wenoted that the location of this project was zoned RM in the year 2000 zoning map; that there are other multi-family projects in itsimmediate vicinity that make this location appropriate, and that --based upon existing zoning-- this is the one remaining opportunity to create an apartment complex that will make a significant difference in addressing workforce housing. At its August meeting, the Planning Commission voted 4-2 to reject this development application. The form of the denialdemonstrates that the Planning Commission could not reach agreement as to reasonable grounds for denying the development application. During the Planning Commission’s discussion, the objections strongly resembled the same objections raised to the Grand Estates Apartments project. At its February 20, 2018 meeting, the Planning Commission acted as follows to deny the Grand Estatesproject: “It was moved and seconded (Baker/Hull) to deny the Development Plan finding that there are potentialsignificant traffic and parking risks, extreme neighbor concerns, and the establishment of a precedent of unknownconsequences of being able to achieve bonus densities on properties to be divided and sold without restriction. The motion passed 5-2...” EVPC Minutes, Feb. 20, 2018 at page 4. The Town Board unanimously granted the appeal of that decision. Also, at its August meeting, the Planning Commission again questioned the Town and County-adopted code provisions thatwere precisely intended to encourage private investment in workforce and attainable housing (rather than second homes or vacationrentals). The Commission provided a single line from the Development Code to justify its exercise of such discretion: “This is supported by the EVDC section 11.2.B ‘site-specific conditions may prevent maximum bonus density levels frombeing achieved due to the character of the land or surrounding uses.’" This partial reading of the Code omits the significance of this objective provision. The Estes Valley Development Code, Section11.2.B in full provides: “No Guarantee of Density. The provisions of this Chapter shall not be interpreted as guarantees of achievable density. Developments using bonus provisions shall be subject to all other applicable regulations of this Code.These other regulations or site-specific conditions may prevent maximum bonus density levels from being achieveddue to the character of the land or surrounding uses.” (emphasis added). Here, staff recommended approval of a development project as meeting all other applicable regulations of this code, andapproval of the development plan with conditions appears to be appropriate. For example, the applicant is required to undertake significant measures to control storm water drainage, requirements that will improve conditions for surrounding properties. We generally acknowledge there are recurring land use problems, which undermine trust in the development process. We arespecifically concerned that the exercise of subjective discretion to deny development proposals that meet applicable regulations and code provisions are indicative of the problem, and will hinder the willingness of property owners to reinvest in Estes Park. We ask that the Town Board grant the appeal and approve the Wind River project. Please return confidence in the objective, quasi-judicial development process by strengthening public understanding of that process—and not allow an arbitrary denial of the Wind River project to undermine investment in Estes Park’s workforce. Thank you for your consideration. Sincerely, Jon Nicholas President/CEO David Batey <DBatey@eph.org> Sun, Sep 23, 2018 at 2:57 PM To: "townclerk@estes.org" <townclerk@estes.org> Cc: "jwilliamson@estes.org" <jwilliamson@estes.org> Dear Mayor Todd Jirsa, Mayor Pro Tem Cody Walker, Trustee Carlie Bangs, Trustee Marie Cenac, Trustee Patrick Martchink, Trustee Ron Norris, and Trustee Ken Zornes. Right now, Estes Park Health has an urgent need for employee housing, and the needed housing is not available. The Estes Park Health Board of Directors supports Estes Park Board of Trustees’ approval of projects that can address Estes Park’s urgent need for employee housing when the projects satisfy the Town’s Community Development Department’s requirements. Estes Park Health is our community’s leading provider of health and wellness services and is a major contributor to our community’s quality of life and economy with an approximately $80 million annual budget and 371 employees. Estes Park Health’s ability to provide essential services to the thousands of patients we serve each year is being adversely impacted by the ongoing inadequate supply of employee housing in our community. Employee Recruitment Challenges: The difficulty of recruiting needed employees is exacerbated when potential employees cannot find housing in the Estes Valley. Without access to housing, potential recruits accept employment elsewhere. Many positions advertised remain open or have sparse numbers of qualified applicants. Recruitment becomes more viable when we can house employees locally. Employee Retention Challenges: Thirty two percent of Estes Park Health’s 371 employees commute from the Front Range. These employees continue to commute here because they are committed to Estes Park Health’s mission, patients, and the Estes Park Community. However, the cost, tim e and stress of commuting can take a toll over time and adversely impact Estes Park Health’s ability to retain employees. Retention is facilitated when we can house employees locally. Escalating Contract Labor Costs: As a result of employee recruitment and retention challenges, we must often hire contract labor for key positions, with subsequent labor costs generally two to three times higher than the cost of employees for the same positions. This makes budgeting in a cost competitive environment a serious concern. If we can house employees locally, employee recruitment and retention is facilitated, labor costs for employees are significantly lower than using contractors, and millions of dollars of wages can be spent locally, supporting our community’s quality of life and economy. Overall, the ability to house employees locally would promote the Estes Valley’s residents desire to operate a community-owned, community focused, independent facility. We are ready to work with you and others to take immediate and sustained action to address our community’s urgent current and future needs for employee housing. Thank you for your attention to this urgent issue for our community. Estes Park Health Board of Directors David Batey, Sandy Begley, Monty Miller, Diane Muno, Bill Pinkham 9/24/2018 Town of Estes Park Mail - Wind River Development Plan and Daycare https://mail.google.com/mail/u/0?ik=54517dd595&view=pt&search=all&permthid=thread-f%3A1612339914013449795&simpl=msg-f%3A16123399140…1/1 Town Clerk <townclerk@estes.org> Wind River Development Plan and Daycare 1 message reeree1@bajabb.com <reeree1@bajabb.com>Sat, Sep 22, 2018 at 2:12 PM To: townclerk@estes.org Cc: jwoeber@estes.org We are owners of a home on Pine Knoll Drive which overlooks the land where this development is going. My husband and I understand something needs to built on this property but this development is way too large to be butting up to $500,000-$1,000,000.00 homes. As a community we did ask the they lower the height and size the development, which they did not. My husband is a draftsman and has a business in this town and we pay taxes and support our town to the fullest. This is a place where my husband and I are planning to retire and if this is approved we are going to re-think this decision. We both work at home and will have to look at the apartments along with daycare in my back yard. This is not why we moved to Estes, we moved for the beauty of the land and the small town feeling. My kids did go to school here on the 90's before we had to move away to take care of family. When we moved back in 2015 we were so relieved to live back in the town we have loved so much. To see this developer has no intension of live in this development and does not care about the residences of Estes. He is more concerned for his net profit on this development in fact when he was denied at the 2nd hearing he continued his project and put all the flags on the property where all the buildings. Which pretty much states that no matter what he will get this through. Why does this developer get to put a 3 story building on when my husband has to comply with two story buildings limit on his designs. Please re-consider accepting this proposal for the sake of the residence who live behind it, along side it or in front of it. Thanks You, Steve & Marie Fladung 09/20/2018 Mr. Mayor and Members of the Board of Trustees, My name is Randy Brigham. I am the Chief Human Resources Officer of Estes Park Health. We currently employee 371 dedicated healthcare professionals who deliver much needed and desired healthcare services to the families of the Estes Valley, as well as to countless visitors. We are proud of, and very grateful to these talented and dedicated men and women. We are also proud to be able to provide excellent healthcare locally, with state of the art equipment, allowing our neighbors to stay in Estes Park and receive this quality care. We are currently challenged with a difficult phenomenon that I have not experienced in my 27 years in human resources. In Colorado, and across the nation, we have an unemployment rate of 3% or less. Finding qualified applicants to fill open positions is becoming harder and harder for not only us, but every employer. In the Estes Valley, that difficulty is compounded by the current lack of employee housing, and the very minimal development of housing designed to address the need. Estes Park Health is able to provide very limited housing on our campus for some staff who need lodging for on call shifts. However, we have also had the need to spend thousands of dollars this past year with local hotels to provide housing in some situations. We would be very interested, and willing, to enter long term master leases with developments like the one before you tonight, allowing us to possibly provide “transitional” housing to a healthcare professional and their family… to become familiar with the area and begin searching for a more permanent residence. This would allow someone to accept a position, begin a new career serving our community, have a place to live, and provide some reasonable time to plan for their residence goal. Instead, when a candidate is offered a position, the first question is, “what about housing”? This applies to every employer in our community. We are not looking for “warm bodies” as we recruit, we will not lessen our hiring standards, and you wouldn’t want us to. We will continue to recruit and hire excellent employees…but those excellent employees need a place to live! Please consider the benefits to the entire community of well designed, well planned, attractive, and safe housing developments to allow employees to live and raise their families where they work. Without dedicated employees providing critical services, a community does not continue to exist. Thank you for your consideration and time. Randy L. Brigham, SPHR, SHRM-SCP Chief Human Resources Officer Estes Park Health Wind River Neighborhood Position statement/Town Board Comments/Wind River Bart Dannels Attachments Mon, Sep 24, 3:10 PM (17 hours ago) Dear Town Clerk, Please add our names to the attached Wind River Neighborhood Position Statement. We were not available to sign when the original was sent to you due to difficult weather on the East coast. Thank you for your assistance and consideration. Bart and Sharon Dannels 941 S. St. Vrain Ave. Dannels, Bart <bdannels@mitre.org> 5:33 AM (3 hours ago) From: bdannels <bdannels@cox.net> Sent: Monday, September 24, 2018 10:05 AM To: Dannels, Bart <bdannels@mitre.org> Subject: FW: Letter to the Editor _____________________________________________ From: bdannels [mailto:bdannels@cox.net] Sent: Friday, March 23, 2018 7:12 AM To: 'barton.dannels.ctr@langley.af.mil' <barton.dannels.ctr@langley.af.mil> Subject: FW: Letter to the Editor _____________________________________________ From: Bart [mailto:bdannels@cox.net] Sent: Thursday, December 27, 2007 5:34 PM To: 'info@estesparknews.com' <info@estesparknews.com> Subject: Letter to the Editor Dear Estes Park News, If possible, I ask that you publish the below letter to the Editor before the Jan 7th Town Board meeting. Thanks for your consideration. Respectfully, Bart Dannels Dear Editor, Dear Town Clerk, If possible and you deem appropriate, I ask that you forward the below message to the Town Board members in advance of the meeting tonight. Because of my family’s history with administration and guidance of the future of Estes, I feel it appropriate to address the Board outside and in addition to the neighborhood position. Thank you for your consideration. Bart Dannels Do The Right Thing On Sep 25th, the Estes Park Town Board will do the right thing. They will listen to the developers, hear the concerns of informed citizens, consider the facts, assess the impact on the community, and do the right thing. They will support the Planning Commission decision to disapprove development of the Wind River Crossing Development on Highway 7. No one is opposed to development in Estes Park. In fact, my family has worked hard for it in this community for more than 50 years, to include honoring my father by when he retired as mayor with the Dannels-named fire station. He and his father before him on the Town Board were visionaries for the future of the town and recognized that Estes Park is too wonderful of a place not to share. I am, and they would have been, opposed to over-development as is apparent in the Wind River development. I wish every member of the Town Board were with me on two successive nights when I happened to be traveling down Highway 7 at about 10pm when, both nights, about twenty elk slowly crossed the road in front of me, cut across Lexington Lane, then walked diagonally across the property where Wind River proposes over-building the open space. I overlaid the elks’ “crossing” on the proposed development plan, and found they would have had to walk “through” multiple buildings, around the development up Lexington Lane, or directly down Highway 7. The elk were majestic yet peaceful, and obviously at home as they calmly moved at a comfortable, easy pace, unimpeded by over-development. The members of the Planning Commission would know they had done the right thing if they had been with me for this moving experience. Thank you in advance to the Town Board for supporting the informed decision of the experts on the Planning Commission, and for doing what they know to be right and best for Estes Park by denying approval of this over-development. Thank you also for the strength of the concerned citizens who have the conviction to take what action they can - to do what THEY know is the right thing to do. One final thought. Please don’t be swayed by the arguments that the developers are doing it for the community. You will undoubtedly recognize their motive is financial, nothing else, despite their well- researched rhetoric. Thank you for your consideration. Bart Dannels TownofEstesParkSIGN-INSHEETFORPUBLICCOMMENTTownBoardMeetingSeptember25,2018PLANNINGACTIONITEM#1-APPEALWINDRIVERAPARTMENTHOMESDEVELOPMENTPLAN2018-03.1041SSTVRAINAVENUE.WINDRIVERHOLDINGSLLCIOWNER.F-FORNAME(PLEASEPRINT)STREETADDRESSA-AGAINST1/‘&—Vpc?56fro7cuvV.iV4AAIJ48ioP)ILr1.-L’r5&I&HAa7I/eJ/1oD3Jjttrcjixi,2/8/Lm%7tv-,%A-eVflyyf7cyF::Y--FINiCoc527/IF143’oo\cCE1&&io4ert°Oi4iLntTheTownofEstesParkCouncilencouragesresidentsofthecommunitytoattendTownBoardmeetings.IndividualswishingtobeheardduringPublicCommentproceedingsareencouragedtobepreparedandwillbelimitedtothree(2)minutesinordertoalloweveryonetheopportunitytobeheard.PublicCommentsareexpectedtobeconstructive.WrittencommentsarewelcomeandshouldbegiventotheTownClerkpriortothestartofthemeeting.tJ 9Eticccas68Z9Z_____________________________zl.zNThY@dN)tVoiozv/-3)°J/afln/o/w9/2C3-Q81.a7p4/A“+J91.)Q34S9tic\o}Rc’Ne-’o;t1.L1o541.‘“-kISNIVOV-Vssaeiaav133N1S(miNd3SV]ld)31VNdOd-i 4A SIWS SATURDAY,SEPTEMBER —-- 22,2018 •DENVERPOST.COM •THE DENVER POST New construction and slot homes that dwarf smaller,more quaint homes,such as the one on the left,are becoming the norm along Tennyson Street in Denver.The relocation of Feral Mountain Gear is just the latest change on Tennyson Street, which is being transformed by gentrification.“It’s losing a lot of its charm and personality ...By the end of the next three years,(the neighborhood is)going to be unrecognizable,”one business owner says.Helen H.Richardson,The Denver Post- -- When looking at this picture and reading the caption,envision Wind River on Hwy 7 at Lexington Lane and how it could change the character of the neighborhood * Please drive by Fall River Village on Far View Drive and see how the same developer changed the character of that neighborhood j —t--”en,1 -ç V —Jr S 4jJ F -- Th I I C L ___ K 4 ‘ F I .s - j •-.-.:s.i -a •Pat’Newsom —450 West Wonderview at the corner of Far View Drive “Old-timers”in town know the property on West Elkhorn just east of the Far View Drive intersection as the old Trailer Park which was washed away in the 1982 Lawn Lake Flood. As 1 remember,sometime after the Lawn Lake Flood,the upper portion of the property was zoned F-i and for duplexes.This is in the Sunny Acres Court and Far View Drive area which consists several single family dwellings and the Willows Townhomes.At some point the area was zoned Accommodations without the neighbors’knowledge. In 2014 a Broomfield real estate entrepreneur discovered the property and the rest is history. According to an employee,the resort now has 80 or more accommodations and short term rentals with many amenities.These are one to four bedroom units,several being three stories. I asked Community Development if the resort has workforce housing.Their reply,and I quote “There was no density bonus in the Fall River Project;therefore no workforce housing is required.”...end of quote.If anyone does not know “density bonus”just ask Community Development. One would think a seasoned accommodations developer would know such a large complex would require and employ a large work force.They would think about this critical need,making some housing available as other employers in the area have done.Oh...1 guess he did...he thought about that with his Wind River project of four,three story buildings with 94 units for work force and attainable housing in a residential area of one-story homes and a narrow street. I want to give you a concise version of the vision of Metropia,LLC,the developer’s Broomfield based company,...it reads “...a real estate re-development,investment and management company specializing in the acquisition,value-recovery,and value-add of distressed,under-valued,and under-performing commercial multifamily properties.The company is inspired by the process of reclaiming,reviving,and renewing underutilized properties and the impact transformation has on the lives of their residents,the surrounding neighborhood,and the community. To me,this out-of-town developer has shown in several ways he has no respect for the community of Estes Park but only what he can financially gain. I urge you to deny this project for the sake of that neighborhood and for all residents who want to keep the unique charm and character of this special place we call home. As usual.my thought of the day: 10/8/2018 1 WIND RIVER APARTMENTS DEVELOPMENT PLAN APPEAL HEARING September 25, 2018 1 Day Care Services There are two parts to this project Multifamily Apartment Homes Appealed to Town Board Daycare Facility Special Review – Town Board is Decision Maker From project inception, the project was to be 94  Workforce Housing units on 5.77 acres. Daycare concept came later in the process and  was initially an amenity for the residents.  Daycare Facility will not happen without the  housing.   2 10/8/2018 2 Process to Date Neighborhood Meeting 3/7/18 Submittal Date Development Application ‐ April 14  1st hearing pushed from May to June due to staff  shortages Two Planning Commission hearings  (June 19 and August 21) Planning Commission denies Project Without  Findings ‐(August 21) split vote (4 – 2)  Appeal filed (August 22) 3 Changes Throughout Process •Added Full 8’ Curbed & Guttered Sidewalk along  Length of Property •New Bus Stop on Highway 7 –Encourage resident use of Public Transportation •Pedestrian Study and Additional Parking Analysis •Relocation of Speed Limit Change Sign •Change in Bldg Foundations to reduce view  impact •Grading & Drainage Improvements 4 10/8/2018 3 Neighbor Concerns Project Parking Requirements Parking along Lexington Lane Pedestrian Safety  Highway 7 Crosswalk  Project Density Drainage 5 PP1 Development Team  •Steve Lane – Basis Architecture –Architect  •Lonnie Sheldon/Joe Coop ‐ Van Horn Engineering –Civil Engineers •Chris Payne – Ballard Spahr –Land Use/Housing Attorney •Matt Delich – Delich Associates –Transportation Engineer •Lucia Liley – Liley Law Offices  –Land Use Attorney Slide 5 PP1 Maybe "What We Heard". I feel like we should go over what the major concerns were that we heard from the Commissioner discussion and from the neighbors. Paul Pewterbaugh, 9/19/2018 10/8/2018 4 First Motion Foster:  I move to deny the . . . application as  proposed. Schneider:  I second. Hunt:  . . . there were no findings stated . . .  Foster:  That was intentional. Leavitt:  . . . good idea to have reasoning, findings . .  . those go forward if it’s an appeal Foster:  . . . that just creates an appeal record that I  don’t want to create . . . 7 Modified Motion Foster:  . . . I move to deny the Wind River  Apartments Development Plan application on the  ground that there has not been an adequate  demonstration that the requirement of adequate  public facilities is met.   Murphree:  I don’t think that’s true.  I don’t.  I don’t  think that’s true.  I think it has been met. Leavitt:  Do you still second the modified motion? Schneider:  No. Leavitt:  . . . motion fails. 8 10/8/2018 5 Final Motion Foster:  I’ll go back to my original motion.  I  move to deny the . . . application. Schneider:  I second. Vote : 4 in favor – Foster, Leavitt, Schneider and White;  2 opposed – Murphree and Theis. 9 Use By Right •Zoning is RM (Multi‐family Residential) •Multi‐family apartments are Use‐by‐right  •No rezoning necessary •Lot Consolidation Plat •Valid Minor Subdivision under EVDC Table 2.1,  Section 3.9.D.1.c  •Approved by Staff 10 10/8/2018 6 Workforce/Attainable Housing •Applicant is eligible for full density and height bonus  (RM zoning district) •Served by public sewer and water •Short‐term rentals are prohibited •Secure for 50 years through Restrictive Covenant  Agreement – approved by Town Attorney •No additional design or development standards under  EVDC •EVDC “Developer Incentives” for Workforce and  Attainable housing are what make the Wind River  Apartments project financially viable.  11 DENSITY BONUS •EVDC § 11.4 (B):  All residential subdivisions and  developments in the RM (Multi‐Family  Residential) zoning district are eligible for the  attainable or workforce housing density bonus  set forth in this Section. •EVDC § 11.4 (D): . . . attainable or workforce  housing units are eligible for a density bonus of  up to two (2) times (two hundred percent  [200%]) of the base Max. Net Density standard. 12 10/8/2018 7 HEIGHT BONUS •EVDC § 4.3.D.5.b:  All multi‐family dwelling  buildings incorporating attainable housing units .  . . in the RM Zoning District are eligible for the  height bonus . . .  •EVDC § 4.3.D.5.e:  . . . designation of one hundred  percent (100%) of dwelling units in an eligible  multi‐family dwelling building as attainable  housing units shall make such building eligible for  a maximum building height of thirty‐eight (38)  feet . . .  13 SITE PLAN 14 Hwy 7 Garages Natural Open  Area Office + DaycareLexington LaneBus Stop Playground Common Lawn Bldg 1 Bldg 2 Bldg 3 Bldg 4 •Preserve Existing natural areas •Preserve Existing Cabin •Orienting Buildings E‐W opens views through site •Building floors/roofs step down at halfway point •Garages provide additional buffer with landscaping •Set into hillside ‐ screen buildings + parking •From west, Buildings appear 2‐story •Tallest on Hwy 7, but ends not sides 10/8/2018 8 BUILDING ELEVATIONS 15 BUILDING FLOOR PLANS 16 10/8/2018 9 BUILDING ARCHITECTURE 17 BUILDING ARCHITECTURE 18 10/8/2018 10 SURROUNDING PROPERTIES 19 Eagles Landing +/‐20units/acre Eagle View +/‐18units/acre Wind River 16 units/acre DENSITY 251,412sf  5,400sf  = 46.56   47*2 = 94 The Properties to  the East are  MORE Dense than proposed at  Wind River PARKING EVDC Parking Schedule 7.11.D 78 two‐bedroom units 156 16 one‐bedroom units 24 Subtotal 180 Guest spaces 24 Total per EVDC Table : 204 Provided: 182 Leasing office/Daycare:  12 required 16 provided Total spaces on site 198 20 10/8/2018 11 ALTERNATIVE PARKING •7.11.G Off‐Street Parking Alternatives.Staff shall be authorized to approve  alternatives to providing the number of off‐street parking spaces required by the  off‐street parking schedule…in accordance with the following standards: •3. Other Eligible Alternatives.Staff may approve any other alternative to providing  off‐street parking spaces on the site of the subject development if the Applicant  demonstrates to the satisfaction of Staff that the proposed plan will protect  surrounding neighborhoods, maintain traffic circulation patterns and promote  quality urban design to at least the same extent as would strict compliance with  otherwise applicable off‐street parking standards. 21 ALTERNATIVE PARKING •Parking Study, Delich & Associates: 1.75/unit  164 spaces     (for apts) •Other Communities would require: •Ft Collins: 1.76/unit 165 •Larimer County: 1.59 149 •Summit County: 1.90 179 •Greeley: 1.94 182 •Longmont: 2.00 188 *updating code in 2018 •Loveland:  2.00 189 *updated code in 2018 Average: 1.85/unit 175 spaces 22 10/8/2018 12 OTHER ESTES PROPERTIES See 2nd Parking Assessment, Delich and Associates, September 2018 Actual occupied ratio Open Spaces Talons Pointe 44 units 1.12 50 Falcon Ridge 48 units 1.38 44 Lone Tree 57units 1.41 32 Wind River 94 units 1.93**36% + increase 23 PARKING SUMMARY 24 EVDC Parking schedule (20+ years old) should be revisited/updated. Wind River Proposed Parking Spaces  =  182 spaces  1.94/unit Parking Study for Wind River  =  164  1.74/unit Other municipality requirements (avg)  =  175 (avg) 1.86/unit Other Similar Estes Properties  =  123 (avg)  1.30/unit 10/8/2018 13 § 7.12 ‐ ADEQUATE PUBLIC FACILITIES When constructing the motion for denial one of the Planning  Commissioners initially stated that the project did not meet adequate  public facilities. This is not true. •Levels of Service Standards are met for Sewer, Water, Drainage,  Transportation, Fire Protection and Electricity. Transportation and APF for VEHICLES: •Traffic Engineer concluded: –At buildout, no significant adverse impacts on existing transportation  levels of service.   –At buildout, no significant impact on any arterial or collector street or  intersection within one‐quarter mile of the site. –There is Safe and Adequate access to the nearest paved road  –There is legal access to a public street. 25 PEDESTRIAN CROSSING ANALYSIS •No Code Requirement ‐ attempt was made to work with CDOT to get a  lighted pedestrian crossing installed.  •Crossings have to meet warrants before installation.  ‐‐ No warrants met. •(50 pedestrians and 1000 vehicles per hour) •Accident history (none in the last 5 years)  •At Planning Commission, a video was shown of bicycles/riders waiting to  cross the highway at the existing signed and painted crosswalk.  •Possible improvements: •Repainting crossing •Additional signage – •Volunteers for crossing guards‐for school kids. •Two recent pedestrian crossing counts (7am to 8am hour) with zero crossings •This is a Town/CDOT issue which we feel will be settled in the future.   26 10/8/2018 14 TURNING LANE •The original TIS used a synthesized peak hour traffic number with staff  approval since high season counts weren’t available. •Analysis showed 37 existing, plus 13 projected vehicle trips per hour (50)  •Not enough to warrant the SB right turn lane per CDOT ‐ trigger is 51  vehicles trips per hour. •Delich + Associates measured Actual counts in July •20 existing vehicle trips per hour ‐much lower than the synthesized number •20 measured (existing) plus 13 projected vehicle trips = 33 •Significantly lower than CDOT warrant of 51 •CDOT concurs with the lower counts: Therefore the turn lane is not required 27 DRAINAGE •Proper Resources were used for drainage analysis  •Denver Urban Drainage Manual  •Larimer County Addenda. •A common use Detention Pond is proposed for on‐site mitigation  •No increase in stormflows downstream.  •Will off‐set all impervious coverage on the Project  •Calculations for the pond are correct and have been accepted by Town Staff.   •Water quality is controlled by use of a rain garden with the detention pond. •There have been drainage problems at this intersection in the past.  This  condition will be improved: •Wind River detention/drainage improvements •CDOT will provide, in addition to the existing 18”, a 29”x45” underground pipe.   •Outfall of the new pipe will be placed in the same location as historic flows. •The pipe does not outfall into Eagles Landing  28 10/8/2018 15 Closing Statements •HNA‐ “Do not let the vocal minority have a  disproportionate amount of influence on the  process”  •Majority of town in favor of this project –Broad and diverse base of community support •Land Zoned Multifamily almost 20 years •Town amended Development Code to Attract  this exact type of project.  •Last significant piece of multifamily land left  29 To: Honorable Mayor Jirsa Board of Trustees Through: Town Administrator Lancaster From: Jeffrey Woeber, Senior Planner Date: September 25, 2018 RE: Special Review, Wind River Apartments Day Care Facility, 1041 S. St. Vrain Avenue; Wind River Properties, LLC, Paul Pewterbaugh/Owner; Van Horn Engineering, Inc./Applicant (Mark all that apply) PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENT RESOLUTION OTHER______________ QUASI-JUDICIAL YES NO Objective: Review of an application for a “Day Care Center,” an S2-level Special Review in an RM, Multi-Family Residential Zoning District. Present Situation: The subject property is zoned RM, Multi-Family Residential. The 5.77-acre site is presently developed with a residential structure, to be used for the proposed day care, with the majority of the site proposed for the Wind River Apartments project. The property is located at the southwest corner of the intersection of S. St. Vrain Avenue (Highway 7) and Lexington Lane. The Wind River Apartments Development Plan was denied by the Estes Valley Planning Commission on August 21, 2018, and appealed by the owner to the Town Board. The appeal is scheduled to be heard at the September 25, 2018 Town Board hearing, separately from and prior to this proposed Special Review application. Proposal: As part of the Wind River Apartments project the applicant proposes to establish a Day Care Center. This would be to serve the residents, but which is also intended to have capacity or openings for children from outside the Wind River Apartments. See Attachment 2. The day care is proposed within an existing structure on the property, which would be remodeled and expanded, with a portion also used as a leasing office. A fenced playground is proposed. The applicant is aware of, and has stated they will comply with, all applicable day care licensing requirements of the State of Colorado Department of Human Services. Report COMMUNITY DEVELOPMENT 301 TOWN OF ESTES PARK BOARD OF TRUSTEES, SEPTEMBER 25, 2018 SPECIAL REVIEW, WIND RIVER DAY CARE PAGE | 2 EVDC Standards: The following is from the EVDC, Chapter 3 Review Procedures and Standards, Section 3.5 Special Review Uses: A.Procedures for Approval of Special Review Uses. Applications for approval of a special review use shall follow the standard development approval process set forth in §3.2 of this Chapter. Uses that require a Special Review and are subject to the regulations of this section are stated in Table 4-1: Permitted Uses: Residential Zoning Districts and Table 4-4: Permitted Uses: Nonresidential Zoning Districts. Special Review Uses shall be reviewed through an S1 or S2 procedure. Those uses that have a wider public interest or impact shall be reviewed through the S2 procedure. Both review procedures provide an opportunity to allow the use when there are minimal impacts, to allow the use but impose mitigation measure to address identified concerns, or to deny the use if findings establish that concerns cannot be resolved. Approval of a Special Review Use shall not constitute a change in the base zoning district and shall be granted only for the specific use approved at the specific site. Approval is subject to such modifications, conditions, and restrictions as may be deemed appropriate by the Decision Making Body. B.Standards for Review. All applications for a special review use shall demonstrate compliance with all applicable criteria and standards set forth in Chapter 5, "Use Regulations," of this Code. Applications for S1 or S2 Special Review shall provide a narrative that describes how the proposed use fulfills the applicable requirements and standards for the use. In order to minimize adverse impacts of the proposed use, an approval of Special Review Use may be conditioned based upon information provided in the narrative and staff findings. For purposes of the Special Review, the narrative shall describe the following, as applicable. The applicant has provided a narrative describing the following, as applicable: 1. The proposed use and its operations; 2. Traffic generation; 3. Existing zoning compatibility; 4. Location of parking and loading, including size, location, screening, drainage, landscaping, and surfacing; 5. Effect on off-site parking; 6. Street access points, including size, number, location and/or design; 7. Hours of operation, including when certain activities are proposed to occur; 8. Exterior lighting; 9. Effects on air and water quality; 10. Environmental effects which may disturb neighboring property owners such as; a. Glare; This may be described in terms of location, design, intensity and shielding; b. Noise; and c. Dust; 302 TOWN OF ESTES PARK BOARD OF TRUSTEES, SEPTEMBER 25, 2018 SPECIAL REVIEW, WIND RIVER DAY CARE PAGE | 3 11. Height, size, setback, and location of buildings and activities; 12. Any diking, berms, screening or landscaping, and standards for their installation and maintenance; and 13. Other resources. This description shall include information on protection and preservation of existing trees, vegetation, water resources, habitat areas, drainage areas, historic resources, cultural resources, or other significant natural resources. The “Use Regulations” from Chapter 5 of the EVDC specific to the day care use are below (Section 5.1.F.). Staff notes the proposed day care use meets the definition of a “Day Care Center” as defined in Chapter 13, Definitions, of the EVDC. 5.1.F. Day Care Centers and Large Family Home Day Care. Day care centers and large family home day care shall be subject to the following standards: 1.The minimum lot area for a day care center in residential zoning districts shall be twelve thousand (12,000) square feet. (Ord. 6-06 §1) 2. In approving day care centers and large family day care homes, the Decision-Making Body may impose conditions related to location, configuration and operational aspects of the center or home to ensure that the use is compatible with surrounding uses. This includes, but is not limited to, hours of operation, noise, lighting and parking. (Ord. 6-06 §1) 3. In approving day care centers and large family day care homes, the Decision-Making Body may impose conditions on the site design and structures to ensure compatibility with the character of the surrounding neighborhood in terms of building mass, scale and design. (Ord. 6-06 §1) 4. Large family day care homes shall have direct access to a paved public street. (Ord. 6-06 §1) 5. Day care centers in the E, E-1, RE and RE-1 residential zoning districts shall be adjacent to an arterial street. The following is from Section 3.5.A., Procedures for Approval of Special Review Uses: “Both review procedures (S1 and S2 Special Review) provide an opportunity to allow the use when there are minimal impacts, to allow the use but impose mitigation measure to address identified concerns, or to deny the use if findings establish that concerns cannot be resolved.” Note: Although staff emphasized the Special Review was a separate and distinct use review from the Wind River Apartments Development Plan application when referring the application out for comment, the review agencies understandably treated the project as a whole for review purposes. Few comments were directed specifically at the day care proposal. The Development Plan and the Special Review are being reviewed concurrently, although they are separate application processes. Advantages: •Provides an amenity for the associated multi-family project, which would likely have residents with day-care age children. 303 TOWN OF ESTES PARK BOARD OF TRUSTEES, SEPTEMBER 25, 2018 SPECIAL REVIEW, WIND RIVER DAY CARE PAGE | 4 •Can provide another option for day care in the Estes Valley area, which is recognized as a service which is in short supply. •Complies with standards set forth in the Estes Valley Development Code Disadvantages: •The day care may increase traffic somewhat in this area, especially in the morning and evenings. Action Recommended: The Estes Valley Planning Commission held a public hearing for this application on August 21, 2018 and voted to recommend approval of the Special Review application by a unanimous vote of 6 – 0. The Planning Commission recommendation included staff’s finding and condition of approval, as follows. Finding: 1.Staff finds that the Day Care Center use would meet all applicable Procedures, Standards, and Use Regulations as proposed. Condition of Approval: 1.The approved use shall be consistent with the plans and information as submitted by the applicant for the Special Review Use. Budget: None. Level of Public Interest: High: Numerous comments have been received for the Wind River Project, predominantly for the Development Plan for the multi-family project, but including some that address the day care proposal. These comments can be accessed at: www.estes.org/currentapplications Comments will be added to this webpage as they are received. Sample Motions: 1.I move to approve the Special Review application for the Wind River Day Center according with the finding and condition of approval as recommended by the Planning Commission and Staff. 2.I move to deny the Special Review application for the Wind River Day Center, finding that … [state findings for denial]. 3.I move to continue the Special Review application for the Wind River Day Center application, to the next regularly scheduled meeting. (State reasons for continuance.) Attachments: 1.Vicinity Map 2. Application 3.Statement of Intent 4.Floor Plan, Elevations NOTE: For Site Plan, Refer to Wind River Development Plan Appeal Staff Report 304 305 306 307 308 309 310 311 312 313 314 315 316 317 318 319 320