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HomeMy WebLinkAboutPACKET Town Board 2018-04-10The 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, April 10, 2018 AGENDA 7:00 p.m. PLEDGE OF ALLEGIANCE. (Any person desiring to participate, please join the Board in the Pledge of Allegiance). AGENDA APPROVAL. Ordinance to Amend Liquor License Restriction Near Schools - Postponed. PUBLIC COMMENT. (Please state your name and address). TOWN BOARD COMMENTS / LIAISON REPORTS. TOWN ADMINISTRATOR REPORT. Town Administrator Policy Governance Report, Policies 3.3 and 3.7. 1. CONSENT AGENDA: 1.Town Board Minutes dated March 27, 2018. 2.Bills. 3.Committee Minutes – None. 4.Family Advisory Board Minutes dated March 1, 2018 (acknowledgement only). 5.Estes Park Board of Adjustments Minutes dated March 6, 2018 (acknowledgement only). 6.Events Complex Arenas 1-3 Footing Renovation, Left Hand Excavating, $124,991.50 - Budgeted. 7.Town Administrator Policy Governance Report Acceptance. Prepared 04/10/2018 1 NOTE: The Town Board reserves the right to consider other appropriate items not available at the time the agenda was prepared. 2. PLANNING COMMISSION ITEMS: Items reviewed by Planning Commission or staff for Town Board Final Action. 1. CONSENT ITEMS: A. FINAL TOWNHOME PLAT, RAVEN ROCK TOWNHOMES, PROMONTORY DRIVE AT MARYS LAKE ROAD, JAMES R. MACKEY AND SUSAN M. MACKEY. Request continuance to May 8, 2018. 2. ACTION ITEMS: A. AMENDED PUD, AMENDED DEVELOPMENT PLAN, DP 2017-09, AND PRELIMINARY CONDO MAP, FALL RIVER VILLAGE II, 200 BLOCK OF SUNNY ACRES COURT. Planner Becker. B. ORDINANCE #05-18 AMENDING THE ESTES VALLEY DEVELOPMENT CODE ADDING SCHOOLS TO CERTAIN RESIDENTIAL AND NON- RESIDENTIAL ZONING DISTRICTS, MODIFYING “SCHOOL” DEFINITIONS, AND ADJUSTING PROCEDURES FOR SCHOOL REVIEWS. Director Hunt. C. ORDINANCE #06-18 AMENDING THE ESTES VALLEY DEVELOPMENT CODE CHAPTER 6 ADDING PROVISIONS FOR EXTENSION, EXPANSION, OR ENLARGEMENT OF NON-CONFORMING USES. Planner Woeber. 3. ACTION ITEMS: 1. MEMORANDUM OF UNDERSTANDING WITH PLATTE RIVER POWER AUTHORITY FOR FIBER CONSTRUCTION TO GLEN HAVEN. Director Bergsten. 2. FEE WAIVER REQUEST – GRAY HAWK COURT/CRABAPPLE LANE, HABITAT FOR HUMANITY OF THE SAINT VRAIN VALLEY INC. Director Hunt. 3. FEE WAIVER REQUEST – 260 STANLEY AVENUE, KINGSWOOD HOMES. Director Hunt. 4. ORDINANCE #07-18 AMENDING THE ESTES PARK MUNICIPAL CODE CHAPTER 5.20 BUSINESS LICENSES. Town Attorney White. 4. REQUEST TO ENTER EXECUTIVE SESSION: For discussion of a personnel matter – Section 24-6-402(4)(f), C.R.S. and 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 – Town Administrator Annual Review. 5. ADJOURN. 2 TOWN ADMINISTRATOR Frank Lancaster Town Administrator 970.577.3705 flancaster@estes.org MEMORANDUM DATE: April 10th, 2017 TO: Board of Trustees FROM: Frank Lancaster, Town Administrator SUBJECT: INTERNAL MONITORING REPORT - EXECUTIVE LIMITATIONS (ANNUAL MONITORING REPORT POLICIES 3.3 AND 3.7) Board Policy 2.3 designates specific reporting requirements for me to provide information to the Board. In April of each year the Town Administrator is to report on Policies 3.3 and 3.7. Policy 3.3 states: “With respect for strategic planning for projects, services and activities with a fiscal impact, the Town Administrator may not jeopardize either the operational or fiscal integrity of Town government.“ Policy 3.7 states: “The Town Administrator shall have an Emergency Preparedness Process in place for coordination of all emergency management partners – Federal, State, and local governments, voluntary disaster relief organizations, and the private sector to meet basic human needs and restore essential government services following a disaster. “ 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 3.3.1. The Town Administrator shall not allow budgeting which deviates from statutory requirements. Interpretation – I interpret this to mean that our budgeting practices and policies comply with all State statutory requirements that are applicable to statutory Colorado towns. Compliance with the policy will be achieved when: There are no deviations in our practices and policies in violation of State Statutes. The 2018 Town budget was submitted to the State of Colorado on time as required by statute in December of 2017 following Town Board approval. Evidence: 1. The annual independent audit 2. The Comprehensive Annual Financial Report 3. All policies are reviewed for compliance with State Statutes by the Town Attorney. 4. State Department of Local Government has not issued any non-compliance notifications to the Town of Estes Park regarding our budgetary obligations under statute. Report: I report compliance 3.3.2. The Town Administrator shall not allow budgeting which deviates materially from Board-stated priorities in its allocation among competing budgetary needs. Interpretation – I interpret this to mean that the annual budget, as adopted by the Board of Trustees, is the officially adopted priorities of the Board. This includes any budget amendments approved by the Town Board throughout the year and any specific spending authorizations approved by the Town Board. I interpret “materially deviate” to mean any change in spending priority that results in diverting resources away from any Board objective, goal or outcome substantial enough to contribute to not achieving the objective, goal or outcome. I do not interpret minor deviations resulting from changing circumstances, community demands and unforeseen circumstances outside of the Town’s control, as material deviations. Compliance with the policy will be achieved when: Budget spending does not materially deviate from the levels approved in the adopted budget. Evidence: 1. The adopted budget was prepared based on the Board stated priorities. 2. There have been no substantial budget changes presented to the Board for review and approval as of this date, other than roll over of 2017 project funds. 3. HTE Budget reports for each department are available on a regular basis or as requested. 4 Report: I report compliance 3.3.3. The Town Administrator shall not allow budgeting which contains inadequate information to enable credible projection of revenues and expenses, separation of capital and operational items, cash flow and subsequent audit trails, and disclosure of planning assumptions. Interpretation – I interpret this to mean the budget, as recommended by the Town Administrator, must be based on credible data and the best available information concerning the local economy and other factors that may impact our revenues and expenses. In addition, the budget is to be structured to separate capital expenditures from operational costs. All revenue projects will be conservative and it is more critical not to overestimate revenues vs underestimating revenues. Compliance with the policy will be achieved when: 1. Revenue projections are clear and deviations between projected and actual revenues are within a 5-10%, barring any catastrophic events. 2. Actual revenue received and reported to date is not less than projected. 3. The Budget presented to the Board for adoption is in a format the separates revenues, expenses and capital expenditures. 4. Any assumptions used in preparing the budget are clearly articulated to the Board during budget review sessions. Evidence: 1. Currently, Jan 2018 sales tax revenue collections to date are 30.14% higher than in 2017 and 27% higher than budgeted. A significant portion of these collections were for delinquent returns. Backing out the paid delinquent returns we are still approximately 15% higher than in 2017 and higher than budgeted. This only includes the Jan 18 returns due Feb 20, 2018 and remitted to the Town in March. The Feb 18 returns due March 20, 2018 are expected to be received around April 10th. 2. The current budget and proposed budget are both presented in the format that separates revenues, expenses and capital. 3. Assumptions leading to the projects were discussed with the Board during budget review sessions. Report: I report compliance. 3.3.4. The Town Administrator shall not allow budgeting which plans the expenditure in any fiscal year of more funds than are conservatively projected to be received in that period, or which are otherwise available. Interpretation – I interpret this to mean that the proposed budget must be balanced. 5 This includes expenditures for the year not exceeding the revenues received from all sources. Exceptions are Board approved use of fund balances, and use of funds that have been accumulated over a period of time, with the approval of the Board, with the intent of saving funds to pay for a specific project or capital expense. Compliance with the policy will be achieved when: The proposed budget meets the above criteria and year end expenses do not exceed year end revenues, inclusive of any board approve spending of fund balance or specific reserve funds. Evidence: 1. The adopted budget and the CAFR document provide independent evidence that I have not allowed budgeting which plans the expenditure in any fiscal year of more funds than are conservatively projected to be received in that period, or which are otherwise available. Report: I report compliance 3.3.5. The Town Administrator shall not allow budgeting which reduces fund balances or reserves in any fund to a level below that established by the Board of Trustees. Interpretation – I interpret this to mean that I the audited year end unrestricted fund balance in the General Fund does not drop below 20% unless otherwise authorized by the Board. If the Board approves and adopts a budget that plans for reducing the fund balance below the 20% level, I interpret this as being authorized by the Board. Compliance with the policy will be achieved when: 1. The final CAFR indicates that a General Fund fund balance of 20% or greater, or as otherwise approved by the Town Board. 2. The proposed budget anticipates end of year fund balance in the General Fund of 20% or greater unless otherwise approved by the Town Board. Evidence: 1. Town financial reports. 2. Comprehensive Annual Financial Report 3. The estimate for the final 2017 fund balance (fund balance ratio of approximately 15% of 2017 General Fund expenditures) The general fund balance as of the date of this report is 25% and is in compliance with Board policy. 6 4. Report:  I am reporting technical non-compliance. The General Fund has grant receivables estimated at $4,540,000 of which $3,038,398 is for the Fish Creek project. Because most of this was not actually collected by Feb 28, 2018, the Town cannot recognize grant revenue for these receivables for the fiscal year 2017 and cannot include the revenues in the upcoming CAFR and will result in a CAFR reported fund balance of 15%. This is a requirement of GASB accounting rules. We had fully expected to have this revenue in hand by February 28th. It’s important to note these are reimbursements from FHWA and there is no question that the reimbursements will be received. It is just a matter of timing when the reimbursement will go to Larimer County and then be forwarded on to the Town. Staff first became aware of this on March 2nd when the payment was not received,. On March 5, 2018, the Town received a grant payment from Larimer County of $2,037,892. If this payment would have been received 5 days earlier, the Town could have recognized this grant receivable as revenue and the ending 2017 General Fund fund balance ratio would have been 25%. The non-compliance is due to this one- week timing difference. The current fund balance as of the date of this report is 25% and is in compliance with Board policy. 3.3.6. The Town Administrator shall not allow budgeting which Fails to maintain a Budget Contingency Plan capable of responding to significant shortfalls within the Town’s budget. Interpretation – I interpret this to mean that I must prepare the budget, maintain a cash reserve ratio as specified in Policy 670. Compliance with the policy will be achieved when: 1. The Town Board has adopted and approved a Formal Budget Contingency plan 2. The current cash reserve ratio is 2.0 or greater Evidence: 1. The current cash reserve ratio is in compliance with Policy 670 2. Cash ratio reserve reports as supplied to the Board on a monthly basis Report: I report compliance 3.3.7. The Town Administrator shall not allow budgeting which fails to provide for an annual audit. 7 Interpretation – I interpret this to mean that I must ensure that the Town completes an independent audit annually. Further, that there are no comments in the annual audit that raise the question of insufficient controls. Compliance with the policy will be achieved when: The audit is complete and presented to the Town Board. Evidence: 1. The 2016 Audit has been completed and the CAFR prepared and submitted to the State of Colorado. 2. The internal controls are sufficient to properly account for the financial activity of the Town. The 2016 audit had included a few comments related to controls but none required the auditors to modify their opinion. The most significant comment is related to one invoice for $3,220.53 that had been included as grant eligible when it was later discovered it was not grant eligible. This was caught by staff during regular grant review and brought to the auditor’s attention. Staff have been working to address the comments made but due to staff turnover, some of the minor comments may continue into 2017. 3. Work will begin on the 2017 audit shortly Report: I report compliance 3.3.8. The Town Administrator shall not allow budgeting which fails to protect, within his or her ability to do so, the integrity of the current or future bond ratings of the Town. Interpretation – I interpret this to mean that I cannot take any action that will result any negative impact on the Town’s bond rating. This includes, maintaining adequate fund balances as required in 3.3.5 and maintaining adequate bond coverage ratios for all revenue bonds associated with the Town’s enterprise funds. Compliance with the policy will be achieved when: 1. I am only in partial compliance with 3.3.5 2. Required bond coverage ratios are met. Evidence: 1. The estimate is $3,005,617 for the final 2017 fund balance (fund balance ratio of approximately 15% of 2017 General Fund expenditures) The general fund balance as of the date of this report is 25% and is in compliance with Board policy. (see explanation in 3.3.5 above) 2. The required Bond coverage ratio for L&P is 125% and for Water is 110%. Our current coverage for the L&P Bonds exceeds both of these ratios.  Report: I report partial compliance 8 3.3.9. The Town Administrator shall not allow budgeting which results in new positions to staffing levels without specific approval of the Board of Town Trustees. The Town Administrator may approve positions funded by grants, which would not impose additional costs to the Town in addition to the grant funds and any temporary positions for which existing budgeted funds are allocated. Interpretation – I interpret this to mean that I cannot allow any new positions or expansion of any part-time positions to be advertised or filled without prior Board approval. I may allow the reduction in staffing without Board approval and any positions or partial positions funded by grants or any temporary positions for which existing budgeted funds are allocated may be filled without prior approval of the Board. Compliance with the policy will be achieved when: No new positions or expansion of positions are approved and hired without approval of the board, with the exceptions noted above. Evidence: 1. All positions are indicated in the adopted and proposed budgets and no unapproved positions are shown. Report: I report compliance The Town Administrator shall have an Emergency Preparedness Process in place for coordination of all emergency management partners – Federal, State, and local governments, voluntary disaster relief organizations, and the private sector to meet basic human needs and restore essential government services following a disaster. 3.7.1 The Town Administrator shall be responsible for the assigned responsibilities identified in the Town of Estes Park Emergency Operations Plan Interpretation – I interpret this to mean that the Town has adopted and kept current an Emergency Operations Plan that covers multiple possible emergency situations and outlines the roles and responsibilities of Town staff during an emergency. These roles are congruent with the standards of the National Incident Management System process or NIMS. Key staff has all had basic NIMS training. Compliance with the policy will be achieved when: 1. The Town has a current up to date Emergency Operations Plan 2. Key staff are NIMS 100 trained. Evidence: 9 1. The Town has a current Emergency Operations Plan 2. All key staff have completed NIMS 100 training. Report: I report compliance . 3.7.2 The Town Administrator shall not fail to have a business continuity plan for the Town. Interpretation – I interpret this to mean that the Town has adopted a business continuity plan for the Town operations Compliance with the policy will be achieved when: 1. The Town has a business continuity plan. Evidence: 1. The existence of the Town Business Continuity Plan Report: I report compliance . 3.7.3 In the event of an emergency, the Town Administrator shall not fail to take appropriate action immediately to ensure the safety of the public and public and private assets, including authorizing specific actions by Town staff and declaring an emergency on behalf of the Board of Town Trustees Interpretation – I interpret this to mean that in the event of an emergency, I have taken appropriate steps to respond to the emergency, as outlined in, but limited to, those responsibilities in the Town Emergency Operations Plan. Compliance with the policy will be achieved when: 1. During an emergency, I ensure that we follow the Emergency Operations Plan and standard NIMS procedures in implementing our response. 2. Recovery efforts are in compliance with all state and federal requirements for aid and reimbursements. Evidence: 1. Thankfully, we have had no emergency situations at a level requiring implementation of the NIMS or the EOC, therefore there is no evidence for this reporting period. Report: I report compliance . 10 Town of Estes Park, Larimer County, Colorado, March 27, 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 27th day March, 2018. Present: Todd Jirsa, Mayor Trustees Bob Holcomb Patrick Martchink Ward Nelson Ron Norris Cody Rex Walker Also Present: Frank Lancaster, Town Administrator Travis Machalek, Assistant Town Administrator Greg White, Town Attorney Jackie Williamson, Town Clerk Absent: Wendy Koenig, Mayor Pro Tem 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 (Nelson/Walker)to approve the Agenda,and it passed unanimously. PUBLIC COMMENTS. Dick Spellman/Town citizen stated Larimer County Commissioner Tom Donnelly would discuss Comprehensive Plans at his monthly meeting on April 11, 2018. He encouraged the Town Board and staff to attend the meeting to learn more about the process because of the need to revise the Estes Valley Comprehensive Plan. TOWN BOARD COMMENTS Mayor Jirsa reminded and encouraged all Town citizens to vote their mail ballots for the Regular Municipal Election on April 3, 2018. Trustee Norris reminded the public of the upcoming Family Advisory Board meeting on April 5, 2018. The Mayor and Board would proclaim the April as the Month of the Young Child at an event sponsored by EVICS on April 7, 2018. The Estes Valley Planning Commission held their month meeting on March 20, 2018. He noted staff has begun to implement additional public outreach for code changes and land use applications. Trustee Walker commended the Park R-3 School District for their handling of the recent school walkout related to gun violence. Trustee Holcomb stated Visit Estes Park would meet on March 18, 2018. TOWN ADMINISTRATOR REPORT. The Brodie Avenue improvement project would be delay because the Safe Routes to School grant funds would not be received until June. The terms of the grant do not allow the Town to seek bids until after the grant has been signed and received. This would push the project timeline to the beginning of school in the fall of 2018. Staff recommended delaying the project until the summer of 2019 to avoid conflicts and interruptions with the flow of traffic to the schools. 1. CONSENT AGENDA: 1. Town Board Minutes dated March 13, 2018 and Study Session dated March 13, 2018.DRAFTTemTem at at 7:007:0 p.mp.and all desall des /Walker/Walke ))to approve pprove the stated Larimer County Cstated Larimer Cou PlansPlans at his monthly meetiat his monthly me aff to attend the meeting taff to attend the meeting t e the Estes Valley CompreEstes Valley Compre D COMMENTSD COMMENT DRreminded and encouragereminded and encourage nicipal Election on Aprilnicipal Election on minded the pminded the Mayor aMayor a nsns Board of Trustees –March 27, 2018 –Page 2 2. Bills. 3.Committee Minutes –None. 4. Parks Advisory Board Minutes dated February 15, 2018 (acknowledgement only). 5. Transportation Advisory Board Minutes dated February 21, 2018 (acknowledgement only). 6.Estes Valley Planning Commission Minutes dated January 16, 2018 and February 20, 2018 (acknowledgement only). 7. July 4, 2018 Fireworks Agreement, Tri-State Fireworks, Inc., $35,000, Budgeted. 8. Mobile Stage Purchase, Stageline Mobile Stages, $142,040, Budgeted. 9. Extension of Agreement to Operate Water System with Prospect Mountain Water Company Inc. It was moved and seconded (Holcomb/Walker)to approve the Consent Agenda, and it passed unanimously. 2. PLANNING COMMISSION ITEMS: 1. CONSENT ITEMS: A. AMENDED PUD, AMENDED DEVELOPMENT PLAN DP 2017-09, AND AMENDED PRELIMINARY CONDO MAP,Fall River Village II, 200 Block of Sunny Acres Court. Requested continuance to April 10, 2018. B. PRELIMINARY AND FINAL TOWNHOME PLAT,Stanley Avenue Townhomes, 260 Stanley Avenue, Michael R. & Cynthia A. Kingswood/Owners. Requested continuance to May 8, 2018. C. SUPPLEMENTAL CONDOMINIUM MAP #7,The Meadow Condominiums, 2746 & 2752 Kiowa Trail, Marys Meadow Development, LLC/Owner. D. AMENDED SUPPLEMENTAL CONDOMINIUM MAP #1,Stone Bridge Estates, 1147 Fish Creek Road, N.C. Wilson, LLC/Owner. E. AMENDED SUPPLEMENTAL CONDOMINIUM MAP #11,Stone Bridge Estates, 1145 Fish Creek Road, Kingswood Homes Inc./Owner. It was moved and seconded (Holcomb/Norris)to approve the Planning Commission Consent Agenda, and it passed unanimously. 2. ACTION ITEMS: A. APPEAL, GRAND ESTATES APARTMENT DEVELOPMENT PLAN, FNPKROPP REAL ESTATE INVESTMENTS, LLC.Director Hunt reviewed the appeal of Estes Valley Planning Commission decision to deny Development Plan 2017-10 during their February 20, 2018 because of the potential significant traffic and parking risks associated with the development, concerns of the neighbors, and establishing a precedent with unknown consequences. The plan would develop 16 units on a .95-acre lot zoned RM, Residential Multi-Family. The developer would utilize the density bonus in the Estes Valley Development Code (EVDC) to build eight market rate units and eight workforce housing units. The plan provides for 36 parking space, meeting the code requirement. Staff would recommend “No Parking” signs be erected in the 500 block of Grand Estates to prevent on-street parking along the narrow roadway. The developer has requested a minor modification to reduce setbacks from 10 feet to 7.5 feet. He addressed the density concern raised by the neighbors stating the proposed development would be less dense than the neighboring condominium development. Director Hunt stated a density bonus through the EVDC would be an incentive and not a waiver per Section 11 of the code. No variances were granted for DRDRRAFTVELOPMENT PLAN DP VELOPMENT PLAN DP FTNDO MAPNDO MAP,,Fall River VilFalFTestedcontinuance to Apricontinuan FINAL TOWNHOME PFINAL TOWNHOME AFAFStanley Avenue, nley Avenue, Mich R.Requestesteded continuancecontinuance RATAL CONDOMINIU RARA2 Kiowa Trai ys M DRSUPPLEMENTAL DRDRates, 1147 Fish Cr DRAMENDED SUPPLEMDDEstate5Fis moved andmoved and on Coon Co Board of Trustees –March 27, 2018 –Page 3 the project with the exception of the minor modification. The subdivision of the property would allow the developer to obtain a residential loan rather than a commercial loan for the development of the property and reduce the cost to develop the additional workforce housing units. The subdivision would be a discretionary matter for the Town Board. He noted every other element of the Development Plan has met the standards of the EVDC. Fred Kropp/Developer stated the project was proposed because he saw a need for workforce housing in the valley. He currently houses seasonal staff and traveling nurses at his accommodations. The lease agreements for each unit would outline two parking spaces per unit. He stated the property would be subdivided into four lots for financial reasons in order to develop the property. Those speaking against the appeal included Carol Prince/Town citizen, Trish Kuschel/Town citizen, Jane Rutledge/Town citizen, Gordon Slack/Town ciltizen, Melody Harwood/Town citizen, Johanna Darden/Town citizen, and Larry Seckman/Town citizen. Comments were heard on the impact to the safety of the current residents, the decrease in quality of life, and the negative impact on property values. Concern was raised on the confusing and incomplete code language for workforce housing in the EVDC. The code issues should be addressed before moving forward with a development. Those speaking also stated concern with the lack of parking for the project, drainage on to neighboring properties, and the lack of control for the workforce housing units. Naomi Hawf/Estes Park Housing Authority Executive Director stated support for the project and the additional workforce housing units it would provide the community. Greg Coffman/Attorney representing the applicant stated the motion to deny the development did not outline any code deficiencies, rather the denial outlined concerns related to parking and public opposition. The parking provided in the plan meets the minimum requirements of the EVDC. He stated a majority of the individuals living in workforce housing do not have cars and utilize bikes and public transportation. The development provides convenient access to a bike trail and public transportation. Town Board comments and questions were heard and summarized: the project meets the EVDC; the density of the development would be similar to the surrounding neighborhood and would provide needed workforce housing; parking concerns would be addressed by marking and assigning parking; “No Parking” signs would be placed on Grand Estates to address concerns raised by the neighbors; during construction “No Parking”signs would be placed and additional police patrols would occur; the covenants would not allow vacation home rentals for all 16 units; questioned if the landscaping islands could be waived by the Board to provide additional parking spaces for the development; concern raised with fire apparatus access to the property; the Board should place a priority on monitoring the roadway and a priority to improve the roadway; and the Town has adopted the EVDC, the rule of law, outlining what can be done by the developer. It was moved and seconded (Holcomb/Jirsa) to approve the Grand Estates Apartments Development Plan (DP 2017-10), along with the associated minor modification request for reduced side setbacks, on appeal from the Planning Commission’s denial of same on February 20, 2018, finding that the Development Plan meets the Estes Valley Development Code’s requirements for approval per EVDC Chapter 3 (Review Procedures and Standards), and it was passed with Trustee Walker recusing himself due to ex parte communication on the project.DRAFTarar heard oheard quality of lifequality raised on the raised o housing in the housing in the EVDC moving forward with a demoving forward with with the lack of parking fwith the lack of parking perties, and the perties, and th lack ofof ousing Authority Executivousing Authority Exec dditional workforce housintional workforce housin Attorney representing the Attorney representing ment did not outline any ment did not outline an oncerns related to parkinncerns related to parkin d in the plan meets the he plan meets the d a majority of the individd a majority of the rs and utilize bikes and prs and utilize bikes and convenient access to a biconvenient access to a bi wn Bwn Board oa commecomm ct meets the ct meets the oundingounding ncnc Board of Trustees –March 27, 2018 –Page 4 B. GRAND ESTATES APARTMENTS MINOR SUBDIVISION, PRELIMINARY AND FINAL PLAT,507 Grand Estates Drive, FNPKOPP Real Estate Investments, LLC. Planner Woeber reviewed the application stating the current .95-acre lot would be divided into four lots. Utility and drainage easements are proposed to be reconfigured and dedicated with the plat. Cross-access easements are indicated for shared parking across all four lots. Johanna Darden/Town citizen questioned if the 15-foot spaces between buildings would be grass or concrete, and would the open space be paved over space or designated space for landscaping. She encouraged the developer to utilize all 16 units as workforce housing with individuals working 40 hours per week. Planner Woeber stated the open space would include all non-developed areas. The areas between the buildings has been proposed as natural area and not concrete. It was moved and seconded (Martchink/Norris)to approve Grand Estates Apartments Minor Subdivision, Preliminary Plat and Final Plat, 507 Grand Estates Drive, and revise the General Note 4 to read: Lots 1 thru 4 are subject to cross parking/access and drainage easements for the subdivision,and it passed with Trustee Walker recusing himself due to ex parte communication on the project. 3. ACTION ITEMS: 1. INTERGOVERNMENTAL AGREEMENT WITH THE ESTES VALLEY FIRE PROTECTION DISTRICT REGARDING IMPACT FEES.Town Administrator Lancaster stated the Intergovernmental Agreement between the Town and the Estes Valley Fire Protection District would allow the Town to collect the District’s newly adopted impact fees during the normal development process. The fees collected would be remitted to the District. This process would allow the customer to pay all associated development fees in one transaction. The agreement outlines the Town’s ability to collect up to a 5% administrative fee to recover staff cost. It was moved and seconded (Walker/Holcomb)to approve the Intergovernmental Agreement with the Estes Valley Fire Protection District regarding Impact Fees, and it passed unanimously. Mayor Jirsa called a break at 9:00 p.m. and reconvened the meeting at 9:08 p.m. 2. RESOLUTION #07-18 SUPPLEMENTAL BUDGET APPROPRIATIONS TO THE 2018 BUDGET.Director Hudson presented the Resolution to reapproriate 2017 funds to the 2018 budget to complete purchases, contracts or projects in progress but not completed by the end of the fiscal year in 2017. The project balances were not committed to a purchase order or contract by the end of the year. Some projects had grants associated with the project which require rollovers into the 2018 budget to pay for project costs. It was moved and seconded (Holcomb/Martchink)to approve Resolution #07-18,and it passed unanimously. 3. POLICY 901 –UTILITY FEE WAIVERS.Utilities Coord. Rusch reviewed the proposed policy to standardized the method used for water tap and electric connection fee waiver requests. The policy outlines no fee waiver requests for utilities would be considered by staff or the Town Board. Utility fee subsidies could be considered by the Town Board for eligible projects for workforce housing, childcare facilities, or facilities for organizations providing low-income health and human services. Board discussion followed and concerns raised on the need for the policy and the specificity outlined for the subsidies because the needs could change in the future; all requests should be considered by the Town Board and provide the Board the authority to waive fees through the General Fund at the Board’sDRAFTo appro app y Plat andy Plat ral Note 4 to rearal Note 4 and drainage easemeand drainage e ee Walker recusing himseee Walker recusing h GREEMENT WITH THE GREEMENT WITH T AFREGARDING IMPACT FGARDING IMPACT FAFergovernmental Agreemernmental Agreem ection District would allowection District would allow act fees during the normaact fees during the be remitted to be remitted the Disthe D pay all associated develay all associated devel outlines the Town’s abilitynes the Town’s ability taff cost. taff cos IIt was t was moved a ntergovernmental Agreentergovernmental Agr trict regarding Impact Ftrict regarding Impact F Jirsa called a breJirsa called a br ON #0ON #0DDD Board of Trustees –March 27, 2018 –Page 5 discretion; and a review of Section 3.a. of the policy to waive fees should be reviewed. The Board requested the policy be redrafted to address the concerns raised by the Board. 4. MUNICIPAL COURT JUDGE APPOINTMENT.The Town was informed earlier in the year of Municipal Judge Brown’s retirement after 24 years of service. The Town issued an RFP for contract services at the end of January and received 19 applications. Staff and Attorney White reviewed the applications and narrowed the candidates to three which were interviewed on March 14, 2018. The interview team of Mayor Jirsa, Trustee Holcomb and Trustee Walker stated all three candidates were highly professional, qualified and able to perform the position. After further discussion, it was moved and seconded (Walker/Holcomb)to approve the recommendation of the appointment of David Thrower as the Municipal Court Judge and Teresa Ablao as the Assistant Municipal Court Judge to the newly seated Board on April 24, 2018, and it passed unanimously. 5. ORDINANCE #04-18 AMEND ESTES PARK MUNICIPAL CODE SECTION 2.08.010 COMMITTEES TO SUNSET THE COMMUNITY DEVELOPMENT/COMMUNITY SERVICES COMMITTEE AND THE PUBLIC SAFETY/UTILITIES/PUBLIC WORKS COMMITTEE.Town Board Policy 102 – Town Committees set a sunset review schedule for all non-statutorily required Town Committees every five years. The Community Development/Community Services and Public Safety, Utilities and Public Works Committee are scheduled for a sunset review in March. In 2017 the Board revised the procedures for the Committee agendas which limited the items to come forward, and therefore, a number of the Committee meetings have been cancelled in the past year. Staff recommended the sunset of both Committees with the approval of Ordinance #04-18. It was moved and seconded (Holcomb/Walker)to approve Ordinance #04-18, and it passed unanimously. Whereupon Mayor Jirsa adjourned the meeting at 9:48 p.m. Todd Jirsa, Mayor Jackie Williamson, Town Clerk tete MUNICIPAL COMUNICIPTNSET THE CNSET THE FTS COMMITTEE AND THS COMMITTEE AN FTCOMMITTEE.COMMITTE Town Boarn Boa FTw schw schedule for all nonedule for -stst s. The Community Develhe Commun ies and Public Works Comies and Public W In 2017 the Board reviseIn 2017 the Board rev limited the items to commited the items to com e meetings have been caings have been ca nset of both Committeesnset of both Committees moved and secondedmoved and seco 1818, and , and it passed unanimot passed unani or Jiror Jirsa adjourned the meesa adjourned       12 Town of Estes Park, Larimer County, Colorado, March 1, 2018 Minutes of a regular meeting of the Family Advisory Board of the Town of Estes Park, Larimer County, Colorado. Meeting held in Room 203 of the Estes Park Town Hall on the 1st day of March, 2018. Present: Laurie Dale Marshall Karen Randinitis Nancy Almond Courtney Hill Bin Greer Jodi Roman Marion Stallworth Susan Strom Also Ron Norris, Town Board Liaison Present: Travis Machalek, Assistant Town Administrator Megan Van Hoozer, Public Works Administrative Assistant Absent: Maria Jimenez John Bryant Rachel Balduzzi Chair Greer called the meeting to order at 3:32 p.m. PUBLIC COMMENT Member Jodi Roman, as a public citizen, commented that the new Estes Valley Community Center fees are too high for some families. She feels it necessary to get something in place that allows for reduced fees for families that need them. Member Marshall stated this is in process, with the development of a Foundation offering scholarships. She also clarified that some aspects of the center are free (walking tracks, lower area, etc.). The fees in place are needed for cost recovery. Assistant Town Administrator Machalek will contact the Recreation District and bring information on available resources to the next regular meeting. Member Marshall reported that three members of the FAB are participating in the League of Women Voters Child Care forum. 13 Family Advisory Board – March 1, 2018 – Page 2 APPROVAL OF MINUTES It was moved and seconded (Almond/Marshall) to approve the February 1, 2018 meeting minutes with the amendment recognizing the attendance of Member Stallworth and the motion passed unanimously. TRUSTEE LIAISON REPORT Trustee Norris reported that the Town Board decision regarding use of 220 4th Street (previously the Senior Center) was made after an extensive review of the proposals and a deep dive into potential legal ramifications, etc. It was determined the risk was too high to award use of this property as a childcare center. He further stated that there are a number of other things that the Town can consider moving forward to catalyze childcare in the Estes Valley (utilize town property, reduce code restrictions, etc.). Norris briefly discussed the Workforce Housing project stating that the project is moving forward. This location will be a mix of multi-family and residential homes. An Exclusive Right to Negotiate contract has been executed with AmericaWest. Further actions are a few months out and an update will likely not be publicized until Q3 or Q4. For this project, the consultant has taken childcare into consideration. Developers are taking note to capture childcare needs as best they can. Although there is no requirement, a childcare facility will be very much encouraged. The Dry Gulch Workforce Housing project will likely be pursued prior to Fish Hatchery due to the smaller size. Member Almond asked if workforce housing is the same as affordable housing mixed with attainable. Norris stated that is not how workforce housing is being established. Almond requested a definition of workforce housing, attainable housing and affordable housing. Machalek will gather land use code information for distribution to the board. Member Randinitis asked if the FAB has the ability to recommend childcare be required for large development projects. Norris stated that, as a recommending board, it would be an appropriate request. He suggested the board explore modifications to existing procurement methods & policies to list this requirement. Norris will help in the development of this proposal. Member Almond questioned why the Town would even consider additional housing with no childcare and asked about mandating that childcare be part of all future workforce housing projects as additional housing without childcare would only exacerbate the 14 Family Advisory Board – March 1, 2018 – Page 3 childcare problem. Member Hill clarified that the addition of childcare with this type of housing would undoubtedly increase the cost of the housing. Machalek explained that under current regulations, the Town would only be able to mandate childcare for projects built on Town-owned property. Member Almond stated that if it’s Town property, the Town should open the childcare center and pay for it. It was stated that Breckenridge has made significant headway in this area. Chair Greer stated that Breckenridge is not comparable to Estes Park. Local opportunities to hear presentations from other communities who have been working to address this problem would be beneficial for the community. Machalek has seen the Town of Breckenridge’s presentation on how they have begun to address the childcare problem and feels it should be viewed with other childcare groups (EDC, EVICS, FAB, Housing Authority, School, Town Board, Families for Estes, etc.). This would likely not take place until Q3 and would require 25 to 50 attendees. If other agencies are interested and the FAB wants to bring the presentation to Town, Machalek will reach out to Breckenridge. With ten Trustee candidates on the ballot, Norris encouraged members to individually advocate for the individual they feel is best for the position. There are several candidate forums with question and answer sessions. Norris also stated that members are welcome to come to the upcoming Town Board meetings to state opinion of what you want to see in the new candidates. OVERVIEW OF CHILDCARE NEEDS ASSESSMENT RESULTS Member Almond distributed copies of the Executive Summary for the Childcare Needs Assessment to members, with Machalek offering to print copies of the full assessment for any member who might want one. Almond wanted to discuss a few highlights that stood out for her. Additional information can be found on EDC website. Almond stated that of the 363 parents of children under 13, 50 responded in Spanish. She feels this was an excellent response rate, but that the Hispanic community was under-represented. Related to the section on parent preferences, Almond stated that the factor shown most important when selecting a childcare provider is trust. Almond found it interesting that this factor came in as a higher priority than availability or cost and was expecting something different. 15 Family Advisory Board – March 1, 2018 – Page 4 The assessment also showed that 70% of parents indicated that if they could change something about their childcare option, they would. A variety of reasons were listed with hours of childcare operations and weekend care being two major issues. With some obvious overlap in reporting, the assessment also indicated that 60% were satisfied. Chair Greer stated that this does not highlight the fact that many parents are required to work long hours due to cost of housing and childcare. This is systemic issue and is significantly contributing to the childcare issue. Later hours and weekend availability would not be such a large problem if the root of the problem was corrected. Almond described the existing state of childcare in Estes Park, indicating that the data reflects there are 104 slots for children in licensed full-day care consisting of two childcare centers and six home providers. At this time it shows there are 12 children on a wait list, all of which are infants and toddlers under age 2 ½. Almond stated that although this was the data captured in the study, she believes that there are more children that are not represented. Member Marshall impressed upon the group the importance of brain development in the early years. Schools are seeing the impacts of high stress lives. Kids do not just develop themselves. It is imperative that they receive quality care and an incredible amount of research supports this statement. Marshall also indicated that on April 18 at 6:00 pm, there will be a Brain Architecture Game at the Library. Norris suggested the Trustees be invited for fun and additional insight. The assessment also indicates that absenteeism due to childcare issues has some impact on 85% of employers and, for 60% of employers causes a loss of employee. Future hiring is dependent on childcare. Based on the hospitals projections, 90 babies will be born in Estes Park in 2018 and another 90 in 2019. There are several recommendations stemming from the assessment that the FAB should review and consider. Norris reminded members that not all the recommendations are actionable. There will be a Childcare Services Steering Committee created with a variety of individuals. Town Board Trustee Patrick Martchink has already volunteered to be a member of the steering committee. When making recommendations, Member Roman 16 Family Advisory Board – March 1, 2018 – Page 5 highlighted three major childcare concerns the committee needs to keep in mind – infant/toddler care, better hours, and affordability. Member Stallworth stressed the importance of the committee to determine what the high priority action items are so that appropriate leaders can be appointed. SUMMARY OF FEB. 13, 2018 TOWN BOARD MEETING Machalek summarized the Town Board’s decision to select Museum Storage as the use for 220 4th Street (former Senior Center). He also indicated that the Town will be looking at potential code changes to catalyze childcare. Chair Greer asked if all data was considered and mulled over prior to a decision when in the Executive Session. Norris indicated there was considerable review of all the information. Greer commented that it is difficult to know how decisions are reached when the Executive Session is not open to the public. Although unable to discuss the specifics coming out of the Executive Sessions, Norris reiterated that the Trustees thoroughly reviewed and researched information on behalf of all parties. Member Almond stated she never got an answer why one Trustee ‘respectfully disagreed’ with the determination yet the same decision was made. Norris stated that, with regard to mitigating risks, all Trustees came to the same conclusion. Almond stated the Town should send a positive message for childcare and provide better communication about the Museum storage use and how it was deemed to fit the deed restriction DISCUSSION OF APPLICABLE POLICIES & DOCUMENTS Assistant Town Administrator Machalek reviewed highlights of Town of Estes Park Policy 102 – Town Committees. The primary focus was on page 4 of this policy wherein it provides definition of the role of an advisory board. He also answered a question that came up at the February FAB meeting by clarifying that the FAB, as a Town Advisory Board, cannot endorse candidates. This does not impact what each member does as an individual, as long as opinions or statements are not represented as those of the Town or the FAB. 17 Family Advisory Board – March 1, 2018 – Page 6 OTHER BUSINESS Member Stallworth notified the FAB that when her term expires in April, she will not reapply due to her work schedule. Member Roman expressed her intent to reapply and it was reported that Member Balduzzi has expressed that intent as well. With no other business to discuss, Chair Greer adjourned the meeting at 5:23 p.m. 18 RECORD OF PROCEEDINGS Estes Valley Board of Adjustment March 6, 2018 9:00 a.m. Board Room, Estes Park Town Hall Board: Chair Wayne Newsom, Vice-Chair John Lynch, Pete Smith, Jeff Moreau, Rex Poggenpohl Attending: Members Newsom, Lynch, Smith, Moreau, and Poggenpohl Also Attend ing: Community Development Director Randy Hunt, Planner I Robin Becker, Senior Planner Jeff Woeber, Recording Secretary Karin Swanlund Absent: None Chair Newsom called the meeting to order at 9:00 a.m. There were six people in attendance. He introduced the Board members and staff. 1. AGENDA APPROVAL It was moved and seconded (Poggehpohl/Smith) to approved the agenda as presented and the motion passed unanimously. 2. PUBLIC COMMENT None. 3. CONSENT AGENDA Approval of minutes dated December 5, 2017 Approval of minutes dated November 7, 2017 It was moved and seconded (Lynch/Smith) to approve the minutes for December 5 and November 7 as presented and both motions passed unanimously. 4. 3265 Eiger Trail, Lot 8, Block 3, Windcliff Estates 5th Planner Becker reviewed the staff report. The variance request is to allow a 2-foot setback in lieu of the 25-foot required setback in the E-1 (Estate 1) zone district. The E-1 district required 25-foot setbacks on all sides. The applicant desires allow and existing building to remain and adjust an existing setback to allow for further addition. Planner Becker reviewed the staff findings. The application was routed to affected agencies. A legal notice was published in the local newspaper and adjacent property owners were notified by mail. There were no public comments received. Staff recommends approval of the variance with no conditions. Staff and Member Discussion There was brief discussion regarding the lot size and the result of the variance, and the history of zoning in Windcliff Estates. It was noted that the Setback is on the East side of property. 19 RECORD OF PROCEEDINGS Estes Valley Board of Adjustment 2 March 6, 2018 Lonnie Sheldon from Van Horn Engineering was available for questions. It was moved and seconded (Moreau/Popggenpohl) to approve the requested variance, adding the East Setback to the description, with findings recommended by staff, and the motion passed unanimously. 5. 351 Prospector Drive, Lot 34, Black Canyon Hills Addition Planner Becker reviewed the staff report. The variance request is to allow a 9.2-foot setback on the north side of property and an 18.7-foot setback on the south side of property in lieu of the 25-foot required setback in the E-1 zone district. The E-1 district required 25-foot setbacks on all sides. The applicant desires allow and existing building to remain and adjust an existing setback to allow for further addition. Planner Becker reviewed the staff findings. The application was routed to affected agencies. A legal notice was published in the local newspaper and adjacent property owners were notified by mail. There was one public comment received regarding the distance of new deck in relation to his property. Applicant David Margheim was available for questions. Board recommends approval with the condition of redesigning the deck on the north side so it does not encroach into the neighbor’s property. It was moved and seconded (Moreau/Poggenpohl) to approve the variance from the EVDC approving 18.7 foot set back variance on the south side of property and 13.7 foot setback variance on the north side of property and construct the deck to remain parallel to the property line and the motion passed unanimously. 6. ELECTION OF OFFICERS FOR 2018 Board nominated Rex Poggenpohl as Chairman. It was moved and seconded (Smith/Lynch). Board nominated Jeff Moreau as Vice Chair. It was moved and seconded (Smith/Newsom). Both motions passed unanimously. 7. REPORTS 1. Director Hunt reported that there is an active interview process for Planner II position, beginning March 15 2. Director Hunt noted that there is hope of a Comprehensive Plan update. The Board of Adjustment may be asked for advice and counsel. Members Poggenpohl and Moreau volunteered to help. 3. Board member Smith requested the addition of the legal notices to packets. 4. Director Hunt mentioned that there is a Code Amendment working its way to the Planning Commission to expand the perimeter of neighbor notifications and signage at project sites. 20 RECORD OF PROCEEDINGS Estes Valley Board of Adjustment 3 March 6, 2018 There being no other business before the Board, the meeting adjourned at 9:43 a.m. ___________________________________ Rex Poggenpohl, Chair __________________________________ Karin Swanlund, Recording Secretary 21       22 COMMUNITY SERVICES Memo To: Honorable Mayor Jirsa Board of Trustees Through: Town Administrator Lancaster From: Rob Hinkle, Community Services Director Date: April 10, 2018 RE: Events Division - Events Complex Arenas 1-3 Footing Renovation Objective: To approve the budgeted renovation of arenas 1-3 for the Events Division of the Community Services Department. Present Situation: Arenas 1-3 were damaged last year by a heavy wind storm. Renovation will include work on the drainage, grading and footing depth. The current footing depth varies from 1-3 inches and needs to be a consistent 3 inches. An invitation for bids for this project closed on March 28, 2018. We received two bids for the Footing Renovation. Proposal: The most qualified bid is from Left Hand Excavating for $124,991.50. This is in the Capital Projects budget for 2018. Advantages: ● The footing renovation is needed before the horse show season starts this summer for the safety of the horses and riders. ● This will also help improve the drainage of the arenas, allowing shows to continue through inclement weather. Disadvantages: None Action Recommended: Town Board approval of the agreement for the renovation of Arenas 1-3 by Left Hand Excavating. Finance/Resource Impact: The budgeted amount is $125,000, Account 101-5500-455-32-22 23 Level of Public Interest Low. Sample Motion: I move for the approval of the agreement for the renovation of Arenas 1-3 by Left Hand Excavating. Attachments: Construction Agreement 24 TOWN OF ESTES PARK CONSTRUCTION AGREEMENT THIS AGREEMENT is effective as of the _____________, 2018 by and between the Town of Estes Park, a body corporate and politic, P.O. Box 1200, Estes Park, Larimer County, Colorado, 80517, (hereinafter called OWNER) and Left Hand Excavating (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: Estes Park Events Complex Arena Full Footing renovation of Arenas 1-3 (570x270) Current average footing depth of approximately 3 inches to base and low areas with a depth of 1 inch. Currently the Arena slopes South to the Northeast Contract Description: The proposed work for the renovation are to include: Base Bid Estes Park Events Complex Arena Footing Renovation Design a renovation plan that includes: Drainage and Grading Plan Footing Depth of at least 3 inches (rock free) Use of existing materials and/or new materials Will be suitable for various events including, but not limited to: -Horse Shows on the Flat -Hunter/Jumper Events -Dressage Construct renovation plan 25 Article 2. CONTRACT TIME Prompt completion of the work is essential to the Owner. Time is of material importance in all respects regarding the Work. Contractor shall carry out construction of the project with all due diligence. Completion of the Work shall be achieved not later than 30 business days from the date of the Notice to Proceed. The Work must be finally completed by June 15, 2018, and ready for final payment in accordance with the General Conditions subject to applicable laws regarding final payment. The date of beginning and the time for completion of the Work are essential conditions of the Contract Documents. The contractor will proceed with the Work at such rate of progress to insure full completion within the Contract Time. Article 3. CONTRACTOR PRICE OWNER shall pay the CONTRACTOR for completion of the Work in accordance with the Contract Documents in current funds in the amount stated in the CONTRACTOR’s Bid (Estimate) dated March 28, 2018, and modified by all approved change orders. Article 4. TAXES This Project is tax exempt. The Contractor and any Subcontractor shall exclude all sales and use taxes administered by the State of Colorado from the bid amount submitted arising out of such purchase, if any, by the Contractor and any Subcontractor of any tangible personal property to be built into the Work by the Owner. (CRS Title 39, Page 547, #39-26-708). The purchase or rental of equipment, supplies, and other materials by the contractor is taxable. Article 5. FINAL PAYMENT Upon final completion and acceptance of the Work in accordance with the General Conditions, OWNER shall pay the CONTRACTOR the Contract Price. Article 6. INTEREST All moneys not paid when due shall bear interest at the rate of 10% per annum. Article 7. CONTRACTOR'S REPRESENTATIONS In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations: 26 7.1 CONTRACTOR has examined and carefully studied the Contract Documents (including any Addenda(s)) and the other related data identified in the Bidding Documents including "technical data". 7.2 CONTRACTOR has reviewed the site and become familiar with and is satisfied as to the general, local and site conditions that may affect cost, progress, performance or furnishing the Work. 7.3 CONTRACTOR acknowledges it knows, understands, and accepts all plans, specifications, and design intent of the Work. 7.4 CONTRACTOR acknowledges it has met with the Project Manager and has been in correspondence with the Project Manager and has sought and received clarification of all issues concerning construction and design. 7.5 CONTRACTOR assumes full responsibility and obligation for high quality workmanship and timely completion of this project. 7.6 CONTRACTOR understands that it may make on-site layout and grading and construction modifications to achieve the desired intent. Such modifications/grading changes and layout cost are already included in the Contract Documents. 7.7 CONTRACTOR understands and acknowledges that this Agreement is a performance based Agreement with a maximum amount of $124,250.00 that shall not be exceeded or increased, except for contract changes allowed and agreed to by approved change order. 7.8 CONTRACTOR will work cooperatively with the PROJECT MANAGER to mutually achieve a final product acceptable to OWNER. 7.9 CONTRACTOR shall indemnify, save and hold harmless the OWNER from all damages, claims, and judgements whatsoever (including costs, legal fees, and expenses incurred by the OWNER related to such damages or claims) to the OWNER or claimed by third parties against the OWNER to the extent of CONTRACTOR’S negligent performance or any of the requirements, provisions, or services furnished under this Agreement. CONTRACTOR shall not be obligated to indemnify, save and hold harmless OWNER for that portion of any claims to the extent resulting from the negligence or willful misconduct of the OWNER. Neither party shall be liable for any incidental, indirect, special, punitive or consequential damages (including without limitation any damages relating to the lost profits, revenue or loss of use) arising in connection with this Agreement. 7.10 CONTRACTOR has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all examinations, investigations, explorations, tests, reports and studies which pertain to the subsurface or physical conditions at or contiguous to the site or otherwise 27 may affect the cost, progress, performance or furnishing of the Work as CONTRACTOR considers necessary for the performance of furnishing the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents; and no additional examinations, investigations, explorations, tests, reports, studies or similar information or data are or will be required by the CONTRACTOR for such purposes. 7.11 CONTRACTOR has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing underground facilities at or contiguous to the site and assumes responsibility for the accurate location of said underground facilities. No additional examinations, investigations, explorations, tests, reports, studies or similar information or data in respect of said underground facilities are or will be required by CONTRACTOR in order to perform and furnish the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of the General Conditions. 7.12 CONTRACTOR has correlated the results of all such observations, examinations, investigations, tests, reports, and data with the terms and conditions of the Contract Documents. 7.13 CONTRACTOR has given PROJECT MANAGER written notice of all conflicts, errors, or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by PROJECT MANAGER is acceptable to CONTRACTOR. 7.14 The person executing this Contract for CONTRACTOR has full authority to bind the CONTRACTOR to all the terms and conditions of the Contract Documents. Article 8. CONTRACT DOCUMENTS The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR concerning the Work, may consist of all, or some, of the following: 8.1 This Agreement 8.2 Exhibits to this Agreement. (none given) 8.3 Notice to Proceed. 8.4 All written specifications. 8.5 General Conditions. 8.6 Contractor’s Bid. (Bid Proposal dated 3-28-2018) There are no Contract Documents other than those listed above. The Contract Documents may only be amended, modified, or supplemented as provided in the General Conditions. In case of conflicting provisions, requirements or discrepancies the order of application of the Contract Documents is as follows: 28 1. Change Orders 2. This Agreement 3. Addenda 4. Drawings 5. General Conditions Article 9. MISCELLANEOUS 9.1 Reference to the General Conditions shall include modification thereto by any Supplementary Conditions issued. 9.2 No assignments by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 9.3 Except for the intended beneficiaries of any Payment Bond executed in conjunction with this Agreement, nothing in this Agreement shall be construed to give any rights or benefits by virtue of this Agreement to anyone other than OWNER and CONTRACTOR, and all duties and responsibilities undertaken pursuant to this Agreement will be for the sale and exclusive benefit of OWNER and CONTRACTOR and not for the benefit of any other party. 9.4 OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect to all covenants, agreements and obligations contained in the Contract Documents. 9.5 In the event of default of any of the provisions of this Agreement by either party which shall require the party not in default to commence legal actions against the defaulting party, the defaulting party shall be liable to the non-defaulting party for the non-defaulting party's reasonable attorney fees and costs, including fees of experts, incurred because of the default. Additionally, CONTRACTOR shall indemnify the OWNER for legal expenses and costs incurred by the OWNER by reason of claims filed by suppliers, subcontractors or other parties, against the retainage held by the OWNER where the OWNER has paid such sums to the CONTRACTOR. 9.6 The OWNER has appropriated sufficient funds to pay the contract price. 29 9.7 Any provisions or part of the Contract Documents held to be void or unenforceable under any Law or Regulations shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 30 IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement. This Agreement will be effective as provided on the first page hereof. TOWN OF ESTES PARK CONTRACTOR. By: _ Todd Jirsa By: _ Title: _ Mayor Title: _ Address for giving notices: Address for giving notices: Attn: Town Administrator Left Hand Excavating 170 MacGregor Avenue 3756 Eureka Way P. O. Box 1200 Frederick, CO 80516 Estes Park, Colorado 80517 31 Town of Estes Park GENERAL CONDITIONS 1. CONTRACT DOCUMENTS: The Contract Documents are the General Conditions, Bid Proposal, Notice of Award, Contract Agreement, Notice to Proceed and Change Orders, all of which contain the provisions required for the construction of the Project. 2. CONTRACTOR: The entity with whom the Owner has entered into the Contract, acting directly or through lawful agents or employees, primarily liable for the performance of the Work. OWNER: The Owner, The Town of Estes Park, CO. Deliver all papers required to: Rob Hinkle, Project Manager 170 MacGregor Avenue P.O. Box 1200 Estes Park, CO 80517 Phone: (970) 577-3901 / Fax: (970) 586-6909 Email: rhinkle@estes.org 3. WORK: The furnishing of all labor, materials, equipment, and other incidentals necessary and convenient to the successful completion of the Project. Work also includes the execution of all duties and obligations imposed by the Contract Documents and the entire completed construction of the various separate and identifiable parts thereof, required to be furnished under the Contract Documents. CONTRACTOR 4. The Contractor warrants to the Owner that all materials and equipment incorporated in the Work will be new unless otherwise specified, and that all Work will be of good quality, free from faults and defects and in conformance with the Contract Documents and to the satisfaction of the Owner, for one (1) full year starting from the time of final project acceptance. 5. The Contractor shall be required to remove all debris and excess material generated by the Work. The final cleanup shall be to the satisfaction of the Owner. The Contractor shall be responsible for disposal of all debris and excess material to a site furnished by the Contractor and in a sanitary and environmentally safe manner. SUPERVISION 32 6. The Contractor will supervise and direct the Work. He will be solely responsible for the means, methods, techniques, sequences and procedures of construction. The supervisor shall be present on the 33 site at all times as required to perform adequate supervision and coordination of the Work. PROTECTION OF PERSONS AND PROPERTY 7. The Contractor will be responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the Work. They will take all necessary precautions for the safety of, and will provide the necessary protection to prevent damage, injury or loss to all employees on the Work and the public who may be affected thereby, all the Work and all the materials or equipment to be incorporated therein, whether in storage on or off the site, and other property at the site or adjacent thereto, including pedestrian and vehicular traffic, trees, shrubs, lawns, fences, walks, pavements, roadways, structures and utilities, shown nor not shown on the plans which are not designated for removal, relocation or replacement in the course of construction. 8. The Contractor shall provide, erect and maintain all necessary watchmen, flag men, signing, traffic devices, barricades and sanitary facilities, as required by the conditions and progress of the Work and all other necessary safeguards for safety and protection, as set forth by the United States Department of Labor, Occupational Safety and Health Administration. The Contractor will notify owners and users of adjacent utilities when prosecution of the Work may affect them. The Contractor shall keep adjacent highways, streets and private access open to traffic and free of dirt and litter resulting from handling operations. SUBCONTRACTS 9. The Contractor may utilize the services of subcontractors on those parts of the Work which, under normal contracting practices, are performed by specialty subcontractors. If the Contractor subcontracts the Work, the Owner has the right to review and approve the subcontractor. 10. The Contractor shall be fully responsible to the Owner for the acts and omissions of his subcontractors, and of persons either directly or indirectly employed by them, as he is for the acts and omissions of persons directly employed by him. Inconveniences and scheduling delays caused by one subcontractor on another shall be the responsibility of the General Contractor and not reflect additions to the contract time. PERMITS AND LICENSES 11. The contractor shall acquire a Town Business License prior to Notice to Proceed. TAXES 12. This Project is tax exempt. The Contractor and any Subcontractor shall exclude all sales and use taxes administered by the State of Colorado from the bid amount submitted arising out of such purchase, if any, by the Contractor and any Subcontractor of any tangible property to be built into the Work. 34 The purchase or rental of equipment, supplies, and other materials by the contractor is taxable. CHANGES IN THE WORK 13. The Owner may at any time, as the need arises, order changes within the scope of the Work. If such changes increase or decrease the amount due under the Contract Documents, or in the time required for performance of the Work, an equitable adjustment shall be authorized by Change Order. All Change Orders shall be in writing, executed by the parties and contain the amount of the adjustment in the contract price or the time required for performance of the Work. 14. All change orders shall be initiated by the Contractor and shall be accompanied by sufficient documentation to enable the Owner to determine the scope of the changes with regard to the change in the work, the amount of work required and any necessary change in the completion schedule of the project. No change orders shall be effective, and no work shall proceed, until such time as it has been approved and signed by the Owner. SEMI-FINAL INSPECTION 15. Upon preparation by the Contractor of the final payment request, the Contractor shall advise the Owner in writing that the Work is substantially complete and request a semi-final inspection be made in preparation for final acceptance by the Owner. The Owner, upon receipt of written request for semi-final inspection, shall schedule a Final Walk-through and produce a Punch List of outstanding items. A written list advising them of any deficiencies, corrective measures or cleanup that they must complete prior to preparation of the final payment request and final acceptance. (After which time the warranty may begin.) FINAL PAYMENT REQUEST, ACCEPTANCE AND RELEASE 16. Upon Completion of the Work the Contractor within ten (10) calendar days thereafter shall: A. A. Prepare a final payment request, for Owner's approval, showing the total value of the Work completed in accordance with the Contract Documents and as modified by any Change Orders, less the value of the following: (1) Partial payments previously made by the Owner to the Contractor. (2) Retention of any claims, on file with the Owner, against the Contractor. (3) Estimated costs completing any incomplete or unsatisfactory items of the Work. (4) Payments advanced by the Owner, to subcontractors, material and equipment suppliers, or others, which are known by the Contractor to have been made but not previously accounted for. 35 B. Contractor shall submit in duplicate a signed and notarized affidavit to Owner stating that all subcontractors, vendors, persons, or firms who have furnished labor or materials for the Work have been fully paid or satisfactorily secured and that all taxes, if any, have been paid. C. Notwithstanding the foregoing, in the event Owner incurs any costs or legal fees related to the final settlement or payment thereof, or litigation of claims, then all such costs, expenses, expert and attorney fees shall be withheld from the final payment due the Contractor by Owner and retained by Owner for reimbursement of same. D. The Owner shall advise the Contractor by Written Notice that: (1) The Work has been inspected and accepted by them under the conditions of the Contract Documents. (2) The Work, effective the date of the Notice, is placed under Warranty, at the Contractor's expense for a period of one year, or such other period as called for in the Special Conditions. (3) Final payment to the Contractor shall be subject to the provisions of Section 38-26-107, C.R.S., including allowance of the time necessary to publish the Notice of Final Settlement and retention of funds necessary to insure the payment of all claims made under the provisions of said Section. 17. Upon submitting the final payment request, the Contractor by such act, indemnifies and saves the Owner and his agents harmless from all claims growing out of the lawful demands of subcontractors, laborers, workmen, mechanics, material men and furnishers of machinery and parts thereof, equipment, tools and all supplies incurred in the furtherance of the performance of the Work. The Contractor shall, at the Owner's request, furnish satisfactory evidence that all obligations of the nature designated above have been paid, discharged or waived. If the Contractor fails to do so, the Owner may, after having notified the Contractor, either pay unpaid bills or withhold from the Contractor's unpaid compensation a sum of money deemed reasonably sufficient to pay any and all such lawful claims until satisfactory evidence is furnished that all liabilities have been fully discharged, in accordance with the terms of the Contract Documents, but in no event shall the provisions of this sentence be construed to impose any obligations upon the Owner to either the Contractor, his Surety, or any third party. In paying any unpaid bills of the Contractor, any payment so made by the Owner shall be considered as a payment made under the Contract Documents by the Owner to the Contractor, and the Owner shall not be liable to the Contractor for any such payment made in good faith. 18. The acceptance by the Contractor of final payment shall be and shall operate as a release to the Owner of all claims and all liability to the Contractor for all payment claims in stated amounts as may be specifically excepted by the Contractor for all things done or furnished in connection with this Work. Any payment, however, final or otherwise, shall not release the Contractor or his sureties from the Warranty Period or any other obligations under the Contract Documents or the Performance and Payment Bond. 36 SUBSURFACE CONDITIONS 19. Existing conditions including, but not limited to, soil boring data and any underground utilities shown on the plans and/or referred to in the specifications are indicative and are for informational purposes only. It shall be the Contractor's obligations to verify and augment such information and data to fully satisfy themselves as to the conditions under which the work will be done. The Contractor shall maintain in operating condition all active utilities encountered in this construction. He shall contact all public utilities and all pertinent contractors involved and have their representative locate their pipes, conduits, cables, or other facilities before construction is started. The Owner does not assume responsibility for location or disturbance of utilities or other existing subsurface features or conditions encountered on this project. 20. Plan dimensions shall be taken as correct but shall be checked by the Contractor before starting constructions. Any errors, omissions, or discrepancies in the plans, specifications, or physical layout shall be brought to the attention of the Owner, and their decision thereon shall be final. CONTRACTOR'S WORKING CONDITIONS 21. SUPERINTENDENCE: The Contractor shall give his personal superintendence to the work or have at the site of the work at all times a competent foreman, superintendent, or other representative satisfactory to the Owner and having authority to act for the Contractor. All directions given to him shall be as binding as if delivered to the Contractor. 22. USE OF THE JOB SITE AND PRIVATE LAND: The Contractor shall confine his equipment, apparatus, the storage of materials and operations of their workpeople to the limits of the Right of Way, or as indicated by law, ordinances, permits or directions of the Owner and shall not encumber the premises with his materials. The Contractor shall not use any vacant lot or private land as a plant site, parking area, depository for materials, or as a spoil site without the written authorization of the property owner (or his agent), a copy of which authorization shall be filed with the Owner. 23. PROTECTION OF THE PUBLIC, WORKS, AND PROPERTY: The Contractor shall provide and maintain all necessary barricades, lights and warning signs and take all necessary precautions for the protection of the public. They shall continuously maintain adequate protection of all work from damage, and shall take all reasonable precautions to protect Owner's property from injury or loss arising in connection with the Work. Contractor shall correct any damage, injury or loss to its work and to the property of the Owner, except such as may be due to or caused by agents or employees of the Owner. 24. The Contractor shall shore up, brace, underpin, secure and protect as may be necessary, all excavation, and other lands adjacent to, adjoining, and in the vicinity of the site, which may be in any way affected by the excavations or other operations connected with the construction of the 37 improvements embraced in this Contract. The Contractor shall be responsible for the giving of any and all required notices to any adjoining or related subcontractors or neighboring property owners before the commencement of work. 25. REMOVAL OF DEBRIS, CLEANING: The Contractor shall, periodically or as directed during the progress of the work, remove and legally dispose of all surplus excavated material and debris to a site of their choice, and at their expense, and keep the project area and public rights-of-way clear. Upon completion of the work, they shall remove all temporary construction facilities, debris and unused materials provided for the work, and put both the site of the work and the public rights of way in a neat and clean condition. Any waste blown away by the wind will also be the contractor’s responsibility. INSURANCE 26. Contractor shall procure and maintain and shall cause any subcontractor of the Contractor to procure and maintain, the minimum insurance coverages listed below. Such coverages shall be procured and maintained with forms and insurers acceptable to Owner. All coverages shall be continuously maintained to cover all liability, claims, demands, and other obligations assumed by the Contractor pursuant to the Contract Documents. In the case of any claims-made policy, the necessary retroactive dates and extended reporting periods shall be procured to maintain such continuous coverage. A. Workmen's Compensation insurance to cover obligations imposed by applicable laws for any employee engaged in the performance of work under this contract. Evidence of qualified self-insured status may be substituted for the Workmen's Compensation requirements of this paragraph. B. General and Automotive Liability insurance with minimum amounts of One Million Dollars ($1,000,000) each occurrence. The policy shall be applicable to all premises and operations. The policy shall include coverage for bodily injury, broad form property damage (including completed operations), personal injury (including coverage for contractual and employee acts), blanket contractual, independent contractors, products, and completed operations. The policy shall include coverage for explosion, collapse, and underground hazards. The policy shall contain a severability of interest provision. C. The policy required by Paragraph B above shall be endorsed to include Owner and Owner’s officers and employees as additional insured to the extent of Contractor’s indemnity obligations in the Agreement. Every policy required above shall be primary insurance, and any insurance carried by Owner, its officers, or its employees, or carried by or provided through any insurance pool of Owner, shall be excess and not contributory insurance to that provided by Contractor. The Contractor shall be solely responsible for any deductible losses under any policy required above. D. The certificate of insurance provided by Owner shall be completed by the Contractor's insurance agent as evidence that policies providing the required coverages, conditions, and minimum limits are in full force and effect, and shall be reviewed and approved by Owner prior to commencement of the Contract. No other form of certificate shall be used. The certificate shall identify this contract and shall provide that the coverages afforded under the policies. Contractor shall provide 30 days' prior written 38 notice to Owner of any cancellation, non-renewal or material change in insurance required by the Agreement. E. Failure on the part of the Contractor to procure or maintain policies providing the required coverages, condition, and minimum limits shall constitute a material breach of contract upon which Owner may immediately terminate this contract, or at its discretion, Owner may procure or renew any such policy or any extended reporting period thereto and may pay any and all premiums in connection therewith, and all monies so paid by Owner shall be repaid by Contractor to Owner upon demand, or Owner may offset the cost of the premiums against any monies due to Contractor from Owner. F. Owner reserves the right to request and receive a redacted copy of any policy and any endorsement thereto. G. The parties hereto understand and agree that Owner is relying on, and does not waive or intend to waive by any provision of this contract, the monetary limitations or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, 24-10-101 et seq., C.R.S., 1973 as from time to time amended, or otherwise available to Owner, its officers, or its employees. 39       40 COMMUNITY DEVELOPMENT Memo To: Honorable Mayor Jirsa Board of Trustees Through: Town Administrator Lancaster From: Randy Hunt Date: April 10, 2018 RE: FINAL TOWNHOME PLAT, RAVEN ROCK TOWNHOMES, PROMONTORY DRIVE AT MARYS LAKE ROAD, JAMES R. MACKEY AND SUSAN M. MACKEY. Staff is requesting that this item be continued to the May 8, 2018 Town Board meeting date. 41       42 COMMUNITY DEVELOPMENT Report To: Honorable Mayor Jirsa Board of Trustees Through: Town Administrator Lancaster From: Robin Becker, Planner I Date: April 10th, 2018 RE: AMENDED PUD AND AMENDED PRELIMINARY CONDO MAP FALL RIVER VILLAGE II, 200 BLOCK OF SUNNY ACRES COURT; FALL RIVER VILLAGE,LLC METROPIA MANAGEMENT/OWNER/APPLICANT. Objective: Conduct a public hearing and make a determination regarding an Amended Preliminary Condo map and Amended Final PUD for compliance with the Estes Valley Development Code (EVDC). Present Situation: The project area is located at the south corner of highway 34 bypass off of Far View Drive on Sunny Acres Court just north and above Performance Park and Fall River Village. The property is zoned RM Residential Multifamily. The area is approximately 8.2 acres in size and is developed with residential uses. The project is a multi-family mixed use development whose primary purpose is to redevelop Lots 1-7 of Fall River Village P.U.D and Lot 5A of the amended Plat of Sunny Acres Addition as a single lot with two duplexs, two triplexs, an 8-plex and a Community Building. Former Lot 5A currently has six units. This project was recently approved in the spring of 2017 for three duplexs, two triplexs, and a community building in addition to the six units on former Lot 5A. The amended Fall River Village II Development Plan was approved in May 16th 2017. Proposal: This application is requesting a new waiver to density. This request is to take a previously approved two –three bedroom rental duplex unit and approve it as one bedroom-eight unit building. This is due to the increasing need for one bedroom units in the area and the need currently not being met with the previously approved units. See page four of statement of intent for further information. This project is part of the Fall River Village PUD which dedicates open space through Outlot B. This proposed PUD adds to the open space with 20% of the lot remaining in undistributed areas. Currently the lot has single access that is off of Far View Drive through Sunny Acres Ct. Secondary access will be enhanced for emergency purposes 43 by reconnecting the development with the lower Fall River Village. These elements will not be altered by the proposed changes in the amendment. The Modification will also not change the approved status of waivers authorized previously, see page 3-4 #1-7. This action item is for the Amended Preliminary Condo map and Amended Final PUD. Advantages:  Creates residential housing stock within the Town of Estes Park Disadvantages:  None identified Action Recommended: Planning Commission voted and recommended approval seven to zero (unanimously) of the Fall River Village II PUD (Planned Unit Development) and Preliminary Condo Map application on January 16th, 2018. PC recommended no conditions of approval. Staff also recommends approval of the Amended Fall River Village II PUD and Amended Preliminary Condo Map. Budget: None. Level of Public Interest Low: The Comm. Dev. Dept. has not received any written public comments to date. Sample Motion: I move for the approval of the Amended Fall River Village II PUD and Amended Preliminary Condo Map. Attachments: Amended Final PUD Amended Preliminary Condo Map Full Application: www.estes.org/currentapplications 44 45 46 47 48 49 50 51 52 COMMUNITY DEVELOPMENT Memo To: Honorable Mayor Jirsa Board of Trustees Through: Town Administrator Lancaster From: Randy Hunt, Community Development Director Date: April 10, 2018 RE: Ordinance No. 05-18: Amending the Estes Valley Development Code Adding Schools to Certain Residential and Non-Residential Zoning Districts, Modifying “School” Definitions, and Adjusting Procedures for School Reviews Objective: Review and approve proposed text amendments to the Estes Valley Development Code (EVDC). Specifically, amend EVDC to accomplish the following):  To add “Public Schools” and “Non-Public Schools” as uses permitted in most zoning districts under specified circumstances, whereas currently “Schools” are permitted in only four zoning districts;  To clarify definitions of various types of schools (public and non-public), and  To adjust procedures for reviewing public school development by removing language contrary to Colorado Revised Statutes. Present Situation: The EVDC since adoption in 2000 has not listed “Schools” as permitted uses in most residential zoning districts in the Estes Valley. “Schools are allowed under S2 Special Review approval in the R-2 and RM Zoning Districts. In non-residential districts, “Schools” are allowed as permitted uses by right in the A (Accommodations) and CO (Outlying Commercial) Zoning Districts. This amendment was brought forward out of a discussion with Eagle Rock School, which has operated in the northeast part of the Estes Valley Planning Area east of Dry Gulch Road since the mid-1990s, before the EVDC was adopted. Eagle Rock staff approached Planning staff in late 2017 about a potential expansion project, to include employee housing and other facilities on their current campus. In discussion, all parties realized the unfortunate fact that Eagle Rock was made a non- conforming use when the EVDC was adopted. Eagle Rock is located in the RE-1 Zoning District, a large-lot (10 acres minimum) district that has few allowable uses other than 53 single family detached houses. It is unknown exactly how or why this circumstance came about in the 2000 EVDC. In any case, Eagle Rock was unaware of the 2000 zoning change and was caught unawares in 2017 by the fact that Code did not allow their plans. In looking into various alternatives, it was soon realized that a Code amendment provided the best alternative to resolving Eagle Rock’s concerns. Zoning Map amendment alternatives such as rezoning to A or CO would have worked in the immediate circumstances; however, that would have introduced a spot zoning district in this location, with unclear consequences for the property itself if Eagle Rock ever moved out as well as for nearby properties. Staff reviewed the possibility of a Code amendment with Eagle Rock that would have allowed schools as a Special Review in all residential zoning districts, including RE-1; essentially, this would expand the R-2 and RM provisions to all other residential districts. Appropriate adjustments were also identified and recommended for non- residential districts. Eagle Rock School, in expectation that the Special Review capability could be expanded to RE-1, has already applied for a Special Review approval so their project can remain on schedule if the amendment is approved. Staff is utilizing this amendment opportunity to clear up several other problems with the Schools regulations in EVDC. The existing Code has somewhat muddled definitions for the term “Schools”. Currently there’s ambiguity among public schools, non-public schools, and certain types of child-care facilities that may also provide education in the K-3 categories. This amendment will make a distinction between public and non-public school regulations in order to parallel and not conflict with Colorado law on types of schools. Along the same lines, existing EVDC requires that public schools go through a Location and Extent Review (Sec. 3.13). The Location and Extent Review is applicable to many publicly owned developments – e.g., the Estes Valley Community Center underwent a Location and Extent Review approval in 2016. However, Colorado Revised Statutes (C.R.S. Sec. 22-32-124) does not provide for local government to regulate public school siting and development in this fashion; that capability is given to the Board of Education and not the Town or County. Proposal: The attached Exhibit A [Aquamarine] is aimed at rectifying these concerns in general. The amendment does provide an avenue to approval for Eagle Rock School in particular. However, it needs to be noted that the amendment stands on its own merits and is not being recommended only to address one specific institution or property. Specifically, the amendment does the following:  It provides that non-public schools may be approved in all eight (8) Estes Valley residential zoning districts by S2 Special Review (S2 is the two-stage review by Planning Commission, then the governing body); 54  It expands the S2 Special Review capability for non-public schools to several additional non-residential districts – all except CD (Downtown Commercial);  It rectifies a longstanding mistake in the EVDC that required public schools be reviewed and approved by the Town or County through the Location and Extent Review procedure (the amendment follows state law and put this review in the hands of the Board of Education);  It clarifies various definitions, primarily those for “School, Public” and “School, Non-Public”. A full explication of the proposed amendment and the reasons for it are provided in the accompanying Planning Commission Staff Report for April 10; to avoid redundancy, they will not be repeated here (see attachment 3). Advantages:  Supports the concept of neighborhood schools in residential settings, through a Special Review process – a best practice in education and in planning and zoning.  Provides an avenue (possibly one of several) for Eagle Rock School to become legally conforming in their current location.  Clears up an error in EVDC regarding local-government authority over public- school siting and development.  Clarifies EVDC definitions for schools. Disadvantages:  Some Planning Commission discussion (March 20) has indicated preference to provide an avenue forward for Eagle Rock School, but not allow schools in other single-family residential neighborhoods. Action Recommended: Staff is recommending approval of the proposed amendment as draft in Exhibit A [Aquamarine]. At this writing (April 4), the Planning Commission’s recommendation is unknown, as they will not make a determination until their special meeting on April 10, several hours before Town Board. An update this evening on Planning Commission action will come from staff, the Town Board Liaison, and/or other others as appropriate. Finance/Resource Impact: N/A Level of Public Interest Low. 55 Sample Motion: I move that the Town Board of Trustees approve the Estes Valley Development Code amendment as stated in Ordinance No. 05-18, including findings as identified in the Ordinance. I move that the Town Board of Trustees deny the Estes Valley Development Code amendment as stated in Ordinance No. 05-18, finding that… [state findings for denial] I move that the Town Board of Trustees continue the Estes Valley Development Code amendment as stated in Ordinance No. 05-18 to [date certain], in order that… [state direction to staff pursuant to continuance] Attachments: 1.Ordinance No. 05-18: Amending the Estes Valley Development Code Adding Schools to Certain Residential and Non-Residential Zoning Districts, Modifying “School” Definitions, and Adjusting Procedures for School Reviews 2.Exhibit A [Aquamarine], dated April 10, 2018 3.Planning Commission staff report on Schools amendment, dated April 10, 2018 [staff report text only] 4.“School Siting: Location Affects the Potential to Walk or Bike” (2011), from the Safe Routes to School National Partnership. 5.“Planning for Schools and Liveable Communities: The Oregon School Siting Handbook” (2005), from the Oregon Transportation & Growth Management Program. Link 56 ORDINANCE NO. 05-18 AMENDING THE ESTES VALLEY DEVELOPMENT CODE ADDING SCHOOLS TO CERTAIN RESIDENTIAL AND NON-RESIDENTIAL ZONING DISTRICTS, MODIFYING “SCHOOL” DEFINITIONS, AND ADJUSTING PROCEDURES FOR SCHOOL REVIEWS WHEREAS, on March 20, 2018, the Estes Valley Planning Commission conducted a public hearing on a proposed text amendment to the Estes Valley Development Code, ADDING SCHOOLS TO CERTAIN RESIDENTIAL AND NON-RESIDENTIAL ZONING DISTRICTS, MODIFYING “SCHOOL” DEFINITIONS, AND ADJUSTING PROCEDURES FOR SCHOOL REVIEWS; and found that the text amendment complies with Estes Valley Development Code §3.3.D Code Amendments, Standards for Review; and WHEREAS, on April 10, 2018, the Estes Valley Planning Commission voted to recommend the approval of the text amendment; and WHEREAS, the Board of Trustees of the Town of Estes Park finds the text amendment complies with Estes Valley Development Code §3.3.D Code Amendments, Standards for Review and has determined that it is in the best interest of the Town that the amendment to the Estes Valley Development Code, as set forth on Exhibit A [Aquamarine], be approved; and WHEREAS, said amendment to the Estes Valley Development Code is set forth on Exhibit A [Aquamarine], attached hereto and incorporated herein by this reference: NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: Section 1: The Estes Valley Development Code shall be amended as more fully set forth on Exhibit A [Aquamarine]. Section 2: This Ordinance shall take effect and be enforced thirty (30) days after its adoption and publication. PASSED AND ADOPTED by The Board of Trustees of The Town of Estes Park, Colorado, This 10th day of April, 2018. TOWN OF ESTES PARK, COLORADO By: Mayor ATTEST: Town Clerk I hereby certify that the above Ordinance was introduced and read at a regular meeting of the Board of Trustees on the 10th day of April, 2018 and published in a newspaper of general circulation in the Town of Estes Park, Colorado, on the 27th day of April, 2018, all as required by the Statutes of the State of Colorado. Town Clerk EXHIBIT A [Aquamarine] Town Board: April 10, 2018 (Existing, Excerpt) B. Table 4-1: Permitted Uses: Residential Zoning Districts RE-1 RE E-1 E R R-1 R-2 RM Additional Regulations Schools __ __ __ __ __ __ S2 S2 §3.13 Location & Extent Review (Proposed, Excerpt) B. Table 4-1: Permitted Uses: Residential Zoning Districts RE-1 RE E-1 E R R-1 R-2 RM Additional Regulations Public Schools P P P P P P P P Any Public School shall comply with all applicable requirements per Colorado Revised Statutes. Non-Public Schools S2 S2 S2 S2 S2 S2 S2 S2 (Existing, Excerpt) B. Table 4-4: Permitted Uses: Nonresidential Zoning Districts A A-1 CD CO O CH I-1 Additional Regulations Schools P __ __ P __ __ __ §3.13 Location & Extent Review (Proposed, Excerpt) B. Table 4-4: Permitted Uses: Nonresidential Zoning Districts A A-1 CD CO O CH I-1 Additional Regulations Public Schools P P P P P P P Any Public School shall comply with all applicable requirements per Colorado Revised Statutes. Non-Public Schools S2 S2 __ S2 S2 S2 S2 CHAPTER 3, REVIEW PROCEDURES AND STANDARDS §3.5 SPECIAL REVIEW USES 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 minimi ze 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: 1. The proposed use and its operations; 2. Traffic generation including a Traffic Impact Study if determined necessary by the Decision- Making Body; 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 ce rtain 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; 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. CHAPTER 13. DEFINITIONS § 13.2 - USE CLASSIFICATIONS/SPECIFIC USE DEFINITIONS AND EXAMPLES C. Use Classification/Specific Use Definitions and Examples. 42. Schools. a. General Definitions: School: Any building or part thereof used for instructional purposes to provide elementary, secondary, post-secondary or vocational education. Public School: Any elementary or secondary school under the jurisdiction of a public school district or local board of education, organized under the laws of the State of Colorado. Public Schools may include charter schools and institute charter schools, as defined by the Colorado Department of Education. Non-Public School: Any elementary or secondary school not under the jurisdiction of a public school distric t or local board of education. Parochial Schools are Non-Public Schools. b. Examples: This use classification includes: (1) Public or private Educational institutions at the primary, elementary, middle, junior or high school level. Examples include public and private daytime schools, boarding schools and military academies. (2) Colleges and other institutions of higher learning that offer courses of general or specialized study leading to a degree. Examples include universities, liberal arts colleges, community colleges, and nursing and medical schools not accessory to a hospital and seminaries. Accessory uses may include offices, housing for students, food service, laboratories, health and sports facilities, theaters, meeting areas, parking, maintenance facilities and support commercial. (3 2) Business, vocation and trade schools (at the secondary or higher education levels). c. Exceptions: This use classification does not include preschools, which are classified as "Day Care Centers." § 3.13 - Public Facility/Use Location and Extent Review C. Procedure for Location and Extent Review. 1. Public Schools. a. Prior to acquiring land or contracting for the purchase of land for a school site, the board of education shall consult with and advise the Estes Valley Planning Commission, in writing. b. Prior to construction of any structure or building, the board of education shall submit a d evelopment plan for review and comment to the EVPC. c. The EVPC may request a public hearing before the board of education on the proposed site location or development plan. If the EVPC requests a hearing, the board of education shall promptly schedule the hearing, publish at least one (1) notice in advance of the hearing, and provide written notice of the hearing to the EVPC. d. The EVPC shall consider all information presented at the public hearing. If no hearing is requested, the EVPC shall consider all information provided by the board of education, and shall convey its findings and recommendations to the board of education. e. Failure of the EVPC to act within thirty (30) days after the date of official submission of the proposal or development plan sha ll be deemed an approval, unless a longer period for review is granted by the board of education. f. The authority to make final determinations as to the location of public schools and the authority to erect buildings and structures shall remain with the board of education. 2. All Other 1. Public Uses. a. A proposed development plan shall be submitted to the EVPC for approval, pursuant to the development plan approval process set forth in §3.8 of this Chapter, prior to the construction or authorization of any public use that is subject to location and extent review. b. Failure of the EVPC to act within thirty (30) days after the date of official submission of the development plan shall be deemed an approval, unless a longer period is granted by the submitting board, body or official. c. If the EVPC disapproves the development plan , it shall communicate its reasons to the Board of County Commissioners or Board of Trustees, depending on the location of the proposed project. The respective Board is authorized to overrule such disapproval by a majority vote of its entire membership. Upon overruling, the Board may proceed with construction or authorization of the project, as applicable. d. If the project is not required to be authorized or financed by the Board of County Commissioners or Board of Trustees, or other County or Town official or board, the EVPC's disapproval may be overruled by the body or official having jurisdiction over the authorization and financing of the project. A vote to overrule by such body shall be by a majority vote of its entire membership. In the case of a utility owned by an entity other than a political subdivision, the EVPC's disapproval may be overruled by the Public Utilities Commission by not less than a majority of its entire membership.       Memo COMMUNITY DEVELOPMENT To: Estes Valley Planning Commission From: Randy Hunt, Community Development Director Jeff Woeber, Senior Planner Date: April 10, 2018 RE: Amendment to the Estes Valley Development Code: Adding Schools to Certain Residential and Non-Residential Zoning Districts, Modifying “School” Definitions, and Adjusting Procedures for School Reviews Planning Commission Objective: Review and provide a recommendation for a proposed text amendment to the Estes Valley Development Code (EVDC):  To add “Public Schools” and “Non-Public Schools” as uses permitted in most zoning districts under specified circumstances, whereas currently “Schools” are permitted in only four zoning districts;  To clarify definitions of various types of schools (public and non-public), and  To adjust procedures for reviewing public school development by removing language contrary to Colorado Revised Statutes. UPDATE: Planning Commission Continuance (April 10 meeting): On March 20, 2018, the Planning Commission continued this amendment to your April 10, 2018 special meeting. The vote to continue this amendment was accompanied by the Commission’s request that a separate amendment to EVDC be prepared. The separate amendment could provide an alternative path forward for Eagle Rock School, by allowing a one-time expansion of a non-conforming use – e.g., to allow new buildings to be placed on a non-conforming-use property. That separate use is the subject of another staff report and hearing on today’s agenda. Staff continues to propose that the Schools amendment language under consideration since February has merit, and we continue to recommend the amendments be approved. The amendment does provide an alternative route to approval for Eagle Rock Schools, but the amendment’s purpose and benefits go beyond those of one institution. Our reasons are as follows: 63 APRIL 10, 2018 EVPC (WRITTEN APRIL 5, 2018)  The primary reason is that properly planned schools have a place in residential neighborhoods. This is a best practice in education and a best practice in planning. This proposed amendment would allow non-public schools by Special Review. This is the typical zoning approach to siting neighborhood schools in much of the United States. (Under Colorado law, public schools have to be sited and developed under sole authority of the Board of Education. The current Code requires an invalid mechanism for public-school siting; this error is fixed in the amendment.) Accompanying this staff report are two documents in support of the neighborhood-schools approach. One document is “School Siting: Location Affects the Potential to Walk or Bike” (2011), from the Safe Routes to School National Partnership, a public/private partnership that works with Federal DOT and various state and local entities to ensure that schools are planned with location accessibility in mind, among other matters. (The Town of Estes Park will begin a grant-funded Safe Routes to School project soon to improve non- motorized access to the public-school campus on Brodie Ave.) The other document, while longer, speaks directly to locating schools in residential neighborhoods. This is “Planning for Schools and Liveable Communities: The Oregon School Siting Handbook” (2005) from the Oregon Transportation & Growth Management Program (a multi-agency state program). At 44 pages this document is a bit lengthy for a staff report, but it contains much useful and valuable information. The report is especially aimed at public school location, but the recommendation applies equally well to non-public schools. We would direct your attention to p. 37 in the PDF file (numbered p. 31 in the text), which states: “Schools are usually treated as conditional uses in residential districts. Conditional uses require the applicant (in this instance, the school district) to apply for a conditional use permit. The conditional use permit application usually requires the school district to conduct a traffic impact study and other analyses.” (“Conditional Use” is a standard planning term for what our Code calls “Special Review”.) Note the Handbook’s specific recommendation for a traffic study. EVDC already provides for this in Special Reviews: see §3.5.B.2. 64 APRIL 10, 2018 EVPC (WRITTEN APRIL 5, 2018)  On Mar. 20, the PC suggested that more specific review criteria, such as those in EVDC Sec. 5.1, are needed in order to classify schools as a Special Review. Two things should be noted: (a) Not all uses in Sec. 5.1 are Special Reviews – some are permitted by-right; thus, Sec. 5.1 should not be viewed as a “Special Review criteria” list. (b) More to the point, a sizeable number of Special Reviews uses are not specified in Sec. 5.1, but are left to the generalized (but still detailed) review criteria in Sec. 3.5.B. Those have served us reasonably well over many Special Reviews in the Estes Valley. Staff would not oppose adding several specific criteria for schools in Sec. 5.1 (the Oregon document provides some useful approaches), but it is not critical to the SR process, as Sec. 3.5.B already contains the requisite authority. Ideally, adding school-specific criteria would be part of a larger task to include other specific uses in Sec. 5.1 that aren’t there now, such as larger churches, event centers, and the like.  The Schools amendment may be of more utility to Eagle Rock School than the non-conforming uses amendment, as the latter would only be useful for a one- time expansion. After that one-time use, a permanent Code change, like this Schools amendment or another zoning-regulation change (e.g., rezoning), would be needed. We hope and expect to know Eagle Rock’s position on this aspect by the time of the April 10 meeting; it is hoped they will be present.  The Schools amendment deal with other school-related errors in current EVDC besides the residential-districts matter. For example, our current EVDC requires a new public school or a change to an existing public school to go through a Location and Extent Review. That process is suitable for other public facilities, but Colorado Revised Statutes do not allow the Review for public schools. That section is to be removed from EVDC. Another fix in the amendment would clarify the definitions of public and non-public schools.  Practically, it is unlikely that Estes Valley will see many new non-public or public schools, as our population is not growing rapidly, especially in the demographic categories that would lead to school growth. It is possible that could change, however; possibly involving populations who are not here now. For example, as far as staff knows, no one predicted Eagle Rock School might happen before they began exploring opportunities here. The point is that long odds of something happening is no reason to avoid preparing for the possibility. 65 APRIL 10, 2018 EVPC (WRITTEN APRIL 5, 2018)  Last but not least: Staff would strongly disagree with some of the characterizations made on March 20 that locating schools in residential areas “takes away rights” of residents or is “pushing” an undesirable land use into a wrong location. For one thing, the Special Review process in EVDC is specifically designed to take into account the views of citizens. Every Special Review has at least one - often multiple - public hearings, with (nowadays) posted signage and mailed notice to neighbors. More fundamentally: For many decades now, the concept of the neighborhood school has been tested and found desirable in America. This principle is clearly stated in the Oregon handbook, the SRTS document, and other easily found source materials. It also matches public expectations. Among the first question parents of school-age children ask when house-hunting is, “What are the schools here like?” There is more than sufficient validated research showing that neighborhood schools are seen as anchors for stable neighborhoods and communities. Staff has not yet seen a single study that found a properly planned neighborhood school damages the neighborhood. To be sure, schools have to be sited carefully within such neighborhood settings. For example, there’s evidence that putting a school next to a neighborhood convenience store can create problems for both establishments. (A visit to the store’s candy aisle at 2:45 pm will be enough evidence for any parent or guardian, assuming the adult survives the experience.) Site-specific concerns like this are easily addressed through the Special Review process. Issues around providing for families in Estes Valley are already severe and are damaging our economic growth. The absence of family-friendly policies carries a large social cost, here or anywhere. Adoption of a benign code amendment to provide for families in a family-appropriate setting is one way to help counter this image. Even if the amendment is seldom or never invoked, the message is appropriate. PREVIOUS UPDATES: Planning Commission Continuance (March 20 Meeting): This Code Amendment was reviewed by the Planning Commission at their February 20, 2018 meeting. The Code Amendment was continued to the March 20, 2018 Planning Commission meeting, at staff’s request. It was brought to staff’s attention that there were potential issues regarding allowing schools in certain areas, due to Colorado liquor licensing laws. Statutory requirements mandate a 500-foot separation distance between a licensed liquor establishment and a school. This could present particular problems near downtown, where residential areas adjoin many alcohol-service establishments. Staff is now not proposing allowing any non-public school use in the CD, Downtown Commercial Zoning District. The Town is also exploring eliminating the 66 APRIL 10, 2018 EVPC (WRITTEN APRIL 5, 2018) 500-foot separation distance requirement partially or entirely, within Estes Park Town limits. Staff is also adding “Parochial Schools,” to be included within the “Non-Public Schools” use, to be consistent with school categories described in statutes. See attached Exhibit A [Aquamarine]. Code Amendment Objective: To have the uses, “Public Schools” and “Non-Public Schools” be allowable, under specified criteria, in all zoning districts within the EVDC Boundary other than CD, Downtown Commercial. Establishing a Public School would be subject to meeting State Statutory requirements. A Non-Public School would require review and approval of an S2 Special Review. The EVDC Chapter 4. Zoning Districts, Section 4.3 Residential Zoning Districts, B. Table 4-1: Permitted Uses: Residential Zoning Districts, would be amended so that “Public Schools” and “Non-Public Schools” would be allowed in all residential zoning districts (RE-1, RE, E-1, E, R, R-1, R-2, and RM.) Currently “Schools” are allowed through approval of both an “S2” Special Review and a “Location and Extent Review,” only in R-2 and RM Zoning Districts. The EVDC Chapter 4. Zoning Districts, Section 4.4 Nonresidential Zoning Districts, B. Table 4-4: Permitted Uses: Nonresidential Zoning Districts, would be amended so that “Public Schools” and “Non-Public Schools” would be allowed in the following nonresidential zoning districts (A, A-1, CO, O, CH, and I-1.) Currently “Schools” are allowed through approval of a “Location and Extent Review,” only in A and CO Zoning Districts. (Note: The previous staff report for this Code Amendment included the CD Zoning District. CD is no longer included.) The EVDC Chapter 13. Definitions, Section 13.2 Use Classification/Specific Use Definitions and Examples, C. Use Classification/Specific Use Definitions and Examples, would be amended to clarify and define “Public Schools” and “Non-Public Schools,” and also keep that Section’s existing examples of Schools. The EVDC Chapter 3. Review Procedures and Standards, Section 3.3 Public Facility/Use Location and Extent Review, C. Procedure for Location and Extent Review, 1. Public Schools, a. through f., would no longer be applicable and would be deleted, as they conflict with Colorado Statutes. Exhibit A [Aquamarine] is attached, detailing the specific amendments. Staff recommends the Estes Valley Planning Commission recommend approval of the language in Exhibit A [Aquamarine] to the Town Board of Trustees and the Board of County Commissioners. Background, Discussion: 67 APRIL 10, 2018 EVPC (WRITTEN APRIL 5, 2018) The Eagle Rock School was established in 1993, in unincorporated Larimer County. This is a 501(c)3, nonprofit school, with an enrollment of 72 students, geared towards “adolescents who are not thriving in their current situations.” This was well before the EVDC was adopted, and the current boundary established. The Eagle Rock site, located in a rural setting approximately 1.75 miles northeast of the intersection of Highway 34 and Dry Gulch Road, was within Larimer County “Estate” zoning when originally established. Upon adoption of the EVDC in 2000, the Eagle Rock School site was rezoned to RE-1, Rural Estate, which does not allow for Schools. Since that time, there has been some minor development of the facilities, but no major expansion projects. The nonconforming School use would not be able to undergo any expansion of their facilities based on the EVDC, Section 6.3 C., which does not allow a nonconforming use to be extended. Eagle Rock School recently discussed the proposed expansion of their facilities with staff, and it was recommended that they apply to add the “Schools” use to the RE-1 Zoning District. Discussion among staff and the Town Attorney has led to this being broadened to allowing Schools in most zoning districts within the EVDC. Staff notes: If this code amendment is approved, Eagle Rock School would need to go through a Special Review process for their proposed expansion. Eagle Rock School has begun this Special Review process. The “Schools” use has been broken down into two separate uses by staff: “Public Schools” and “Non-Public Schools.” This distinction is made within Colorado Revised Statutes, Section 22-1-101. The Colorado Department of Education and State Board of Education refer to these two categories as well. Public Schools, currently an undefined term in the EVDC, are proposed to be defined, within Chapter 13. Definitions, Section 13.2, Use Classification/Specific Use Definitions and Examples, as follows: “Public School: Any school under the jurisdiction of a public school district and local board of education, organized under the laws of the State of Colorado. Public Schools may include charter schools and institute charter schools, as defined by the Colorado Department of Education.” With this code amendment, the EVDC would allow Public Schools in any zoning district. Schools are a commonly allowed use in residentially-zoned areas in most places. The EVDC would require, “Any Public School shall comply with all applicable requirements per Colorado Revised Statutes.” This code amendment would eliminate the Special Review and the Location and Extent Review requirements currently in the EVDC for Schools. These cannot apply, according to legal advice. Section 22-32-124 of the Colorado Revised Statutes limits the ability of a Town or County to subject school districts to zoning and land use review. In establishing a new public school, the Board of Education of the local school district must consult with, and advise in writing the Planning Commission in order that a proposed site shall conform 68 APRIL 10, 2018 EVPC (WRITTEN APRIL 5, 2018) to the adopted plan of the community insofar as is feasible. The Board of Education shall submit a Site Development Plan to the Planning Commission for review and comment prior to construction. The Planning Commission may request a hearing in front of the Board of Education. In spite of this provision for a hearing, that procedure shall not be construed to limit the authority of the Board of Education to finally determine the location of public schools in the school district and construction of necessary buildings and structures. Essentially, the Code Amendment proposes that any School not meeting the definition of a Public School is a “Non-Public School.” A Non-Public School would be allowable in any zoning district except CD, Downtown Commercial, but only upon approval of an “S2” Special Review, which requires a Planning Commission and Board action (Town Board or County Commissioners). Staff emphasizes that although it would be a use allowed in any zoning district, a site-specific review requiring public notice and a public hearing would be required to establish a Non-Public School in any given location. After discussion with the Town Attorney, staff has included “Parochial Schools” in the “Non-Public Schools” definition. The amendment to the Code that staff proposes adding is on the attached Exhibit A [Aquamarine]. Staff Findings: The text amendments comply with EVDC §3.3.D (Code Amendments – Standards for Review). §3.3.D Code Amendments, Standards for Review “All rezoning and text amendments to the EVDC shall meet the following criteria:” 1. “The amendment is necessary to address changes in conditions in the areas affected;” Staff Finding: The amendment is necessary to address changes in conditions in the area affected, which is to allow existing Schools that are nonconforming uses to be brought into zoning compliance, as well as provide more options for Schools to locate in the Estes Valley. 2. “The development plan, which the proposed amendment to this Code would allow, is compatible and consistent with the policies and intent of the Comprehensive Plan and with existing growth and development patterns in the Estes Valley:” Staff Finding: The Estes Valley Comprehensive Plan has little discussion of school siting or planning. Chapter One of the Plan, “The Planning Process,” lists “Local Trends,” one of which is that “Schools will face increasing enrollment due to more families moving into the area.” The “Implication for Estes Park” due to that trend, according 69 APRIL 10, 2018 EVPC (WRITTEN APRIL 5, 2018) to the Plan, is “The school district and community need to consider options to reduce overcrowding.” The proposed text amendment is generally compatible and consistent with the policies and intent of the Comprehensive Plan, with staff noting the absence of any policies or intent within the Plan that address the siting or zoning for schools. 3. “The Town, County or other relevant service providers shall have the ability to provide adequate services and facilities that might be required if the application were approved.” Staff Finding: Town, County or other relevant service providers would not be significantly impacted regarding their respective services and facilities, if this Code Amendment is approved. Advantages:  Supports the concept of neighborhood schools in residential settings, through a Special Review process – a best practice in education and in planning and zoning.  Provides an avenue (possibly one of several) for Eagle Rock School to become legally conforming in their current location.  Clears up an error in EVDC regarding local-government authority over public- school siting and development.  Clarifies EVDC definitions for schools. Disadvantages:  Some Planning Commission discussion (March 20) has indicated preference to provide an avenue forward for Eagle Rock School, but not allow schools in other single-family residential neighborhoods. Action Recommended: Review the amendment for compliance with Estes Valley Development Code (EVDC) §3.3.D Code Amendments, Standards for Review and forward a recommendation to the Estes Park Town Board of Trustees and the Board of Larimer County Commissioners for a final decision to approve. Level of Public Interest Low. Little input or public comment has been received. The Town of Estes Park Public Works Department did comment that any proposed school must be served by adequate transportation facilities. Sample Motion: APPROVAL 70 APRIL 10, 2018 EVPC (WRITTEN APRIL 5, 2018) I move 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 as presented in Exhibit A [Aquamarine] as recommended by staff, with findings as recommended by staff. CONTINUANCE I move to CONTINUE this agenda item to the next regularly scheduled Planning Commission meeting because…. (state reason(s) for continuance). DENIAL I move to recommend that the Estes Park Town Board of Trustees and the Board of Larimer County Commissioners DENY the text amendment to the Estes Valley Development Code as presented in Exhibit A [Aquamarine], finding that . . . (state reasons for denial). Exhibits: 1. Exhibit A [Aquamarine]: Estes Valley Development Code (reformatted, but content unchanged from “Exhibit Green” in March 20 PC packet): o Chapter 4. Zoning Districts, Section 4.3 Residential Zoning Districts, B. Table 4-1: Permitted Uses: Residential Zoning Districts o Chapter 4. Zoning Districts, Section 4.4 Nonresidential Zoning Districts, B. Table 4-4: Permitted Uses: Nonresidential Zoning Districts o Chapter 3. Review Procedures and Standards, Section 3.3 Public Facility/Use Location and Extent Review, C. Procedure for Location and Extent Review, 1. Public Schools, a. through f. o Chapter 13. Definitions, Section 13.2 Use Classification/Specific Use Definitions and Examples, C. Use Classification/Specific Use Definitions and Example 2. “School Siting: Location Affects the Potential to Walk or Bike” (2011), from the Safe Routes to School National Partnership. 3. “Planning for Schools and Liveable Communities: The Oregon School Siting Handbook” (2005), from the Oregon Transportation & Growth Management Program. 71 School Siting LOCATION AFFECTS THE POTENTIAL TO WALK OR BIKE SubscribeMediaPartnerDonate search our site State STATE NETWORK PROJECT STATE POLICIES: BEST PRACTICES Safe Routes to School State Programs Complete Streets TrafÐc Safety Training: Walking and Bicycling Programs Fine-Based Mechanisms Shared Use of School and Community Facilities Legislation Lower-Income Communities Personal Safety School Bus Funding: Cuts and Hazard/Courtesy Busing School Siting Strategic Highway Safety Plan Wellness Policies 72 73 74 COMMUNITY DEVELOPMENT Memo To: Honorable Mayor Jirsa Board of Trustees Through: Town Administrator Lancaster From: Jeffrey Woeber, Senior Planner Date: April 10, 2018 RE: Ordinance #06-18: Amendment to the Estes Valley Development Code Chapter 6 Adding Provisions for Extension, Expansion or Enlargement of Nonconforming Uses Objective: Review and decide on a proposed text amendment to the Estes Valley Development Code (EVDC), to add a Section with provisions for “Extension, Expansion, or Enlargement of a Nonconforming Use.” Staff recommends approval of the language in Exhibit Red to the Town Board of Trustees and the Board of County Commissioners. Present Situation: This code amendment was initiated by the Estes Valley Planning Commission at their March 20, 2018 meeting, when another code amendment involving adding the “schools” use to various zoning districts was reviewed. At that time, along with continuing the “schools” code amendment, the Planning Commission asked staff to explore adding a section that was similar to a section in the Larimer County Code, which has provisions for extension, expansion, or enlargement of a nonconforming use (Larimer County Code, Chapter 4.8 Nonconformities, Section 4.8.1 through 4.8.21). This is a proposal to add a similar section to the EVDC, Chapter 6. Nonconforming Uses, Structures and Lots. For reference, the existing definitions relevant to this amendment are below, from the EVDC, Chapter 13 Definitions, Section 13.3, Definitions of Words, Terms and Phrases: 161. Nonconforming Building or Structure shall mean a building or structure, not including signs, that was legally established prior to the effective date of this Code but that does not comply with the dimensional standards that apply within the zoning district in which the building or structure is located. 162. Nonconforming Lot shall mean a lot that was legally established prior to the effective date of this Code but that does not comply with the dimensional standards that apply within the zoning district in which the lot is located. 163. Nonconforming Uses shall mean a use that was legally established prior to the effective date of this Code but that no longer complies with the use regulations that apply within the zoning district in which the use is located. Staff notes: The “effective date of this Code” is February 1, 2000. 75 The Planning Commission is scheduled to review this proposed code amendment, as well as the “schools” code amendment, at a special meeting at 11:30 a.m. on April 10, 2018. For that reason, staff does not have a recommendation from the Planning Commission for this staff report. The Board of Larimer County Commissioners is scheduled to review, and may take action on this code amendment on April 23, 2018. Proposal: This code amendment would add Section 6.9, Extension, Expansion, or Enlargement of a Use to the EVCD, Chapter 6, Nonconforming Uses, Structures and Lots. See attached, Exhibit Red. Advantages:  Complies with the EVDC §3.3.D Code Amendments, Standards for Review.  Provides a tool for the public, elected officials, and staff to better deal with nonconforming uses. Disadvantages:  Adds slightly to Code length and complexity. Budget: N/A Level of Public Interest Low. Sample Motion: I move that the Town Board of Trustees approve Ordinance No. 06-18, amending the Estes Valley Development Code as stated in Exhibit Red, finding that the amendment is in accord with the Comprehensive Plan and with Section 3.3 of the Development Code. Attachments: 1. Ordinance No. 06-18 2. Exhibit Red – Chapter 6. Nonconforming Uses, Structures and Lots, Section 6.9 Extension, Expansion, or Enlargement of a Nonconforming Use 76 ORDINANCE NO. 06-18 AN ORDINANCE AMENDING THE ESTES VALLEY DEVELOPMENT CODE CHAPTER 6 ADDING PROVISIONS FOR EXTENSION, EXPANSION, OR ENLARGEMENT OF NONCONFORMING USES WHEREAS, on April 10, 2018, the Estes Valley Planning Commission conducted a public hearing on a proposed text amendment to the Estes Valley Development Code Chapter 6. Nonconforming Uses, Structures and Lots, and found that the text amendment complies with Estes Valley Development Code §3.3.D Code Amendments, Standards for Review; and WHEREAS, on April 10, 2018, the Estes Valley Planning Commission voted to recommend approval of the text amendment; and WHEREAS, the Board of Trustees of the Town of Estes Park finds the text amendment complies with Estes Valley Development Code §3.3.D Code Amendments, Standards for Review and has determined that it is in the best interest of the Town that the amendment to the Estes Valley Development Code, as set forth on Exhibit Red, be approved; and WHEREAS, said amendment to the Estes Valley Development Code is set forth on Exhibit Red, attached hereto and incorporated herein by this reference: NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: Section 1: The Estes Valley Development Code shall be amended as more fully set forth on Exhibit Red. Section 2: This Ordinance shall take effect and be enforced thirty (30) days after its adoption and publication. PASSED AND ADOPTED by The Board of Trustees of The Town of Estes Park, Colorado, This day of _______, 2018. 77 TOWN OF ESTES PARK, COLORADO By: Mayor ATTEST: Town Clerk I hereby certify that the above Ordinance was introduced and read at a regular meeting of the Board of Trustees on the ________ day of _______________, 2018 and published in a newspaper of general circulation in the Town of Estes Park, Colorado, on the ________ day of ____________, 2018, all as required by the Statutes of the State of Colorado. Town Clerk   78 EXHIBIT RED CHAPTER 6. NONCONFORMING USES, STRUCTURES AND LOTS § 6.1 - APPLICABILITY A. General. The provisions of this Chapter shall apply to uses, structures (except signs) and lots that were legally existing as of the effective date of this Code, February 1, 2000, but that become nonconforming as the result of the application of this Code to them or from reclassification of the property under any subsequent amendments to this Code. B. Signs. For provisions applicable to nonconforming signs, see Chapter 8. § 6.2 - PURPOSE It is the general policy under this Code to allow nonconforming uses, structures or lots to continue to exist and to be put to productive use. The limitations of this Chapter are intended to recognize the interests of property owners in continuing to use their property but to reasonably control expansions, reestablishment of discontinued uses and the reestablishment of nonconforming buildings and structures that have been substantially destroyed. § 6.3 - CONTINUATION OF NONCONFORMING USES OR STRUCTURES A. Authority to Continue. Nonconformities shall be allowed to continue in accordance with the requirements of this Chapter. B. Repairs and Maintenance. Repairs and normal maintenance required to keep nonconforming uses and structures in a safe condition shall be permitted, provided that no alterations shall be made except those allowed by this Chapter or required by law or ordinance. C. Alteration/Extension of Nonconforming Uses and Structures. 1. Alteration/Extension of Nonconforming Uses Prohibited. Subject to the provisions of this Chapter, except as allowed in §6.4 and §6.9 below, a nonconforming use shall not be altered or extended. The extension of a nonconforming use to a portion of a structure which was built for the nonconforming use at the time of adoption of this Code is not an extension of a nonconforming use. (Ord. 21-11 §1) 2. Alteration/Extension of Nonconforming Structures Limited. Except as allowed in §3.6.C of this Code, a structure conforming as to use, but nonconforming as to height, setback or coverage, may be altered or extended, provided that the alteration or extension does not result in a new violation of this Code or increase the degree or extent of the existing nonconformity. (See §3.6, Variances; a variance may be sought to permit alterations or extensions to a nonconforming structure not otherwise allowed by this Chapter.) (Ord. 21-11 §1) 79 D. Nonconforming as to Parking. 1. Nonconformity as to off-street parking or loading shall not subject the use to the conditions of this Chapter. 2. A use that is nonconforming as to off-street parking or loading shall not be changed to another use requiring more off-street parking or loading unless the additional required parking or loading is provided. 3. The Board of Adjustment may permit a nonconforming use to provide required off-street parking or loading on a lot other than the lot on which the use is located. (Ord. 21-11 §1, 12/20/11) § 6.4 - CHANGE OF NONCONFORMING USE A. If a nonconforming use is changed, it shall be changed to a use conforming to the regulations of the zoning district and, after the change, it shall not be changed back again to a nonconforming use. (Ord. 21-11 §1) B. A nonconforming use may be changed to a conforming use in phases over time, provided that such phasing is in accordance with a development plan approved pursuant to the procedures set forth in §3.8 of this Code. (Ord. 21-11 §1) C. A nonconforming accessory dwelling unit may be altered, provided that the alteration does not enlarge or move the accessory dwelling unit. See §13.3.13, Alter or Alteration. (Ord. 21-11 §1) (Ord. 21-11 §1, 12/20/11) § 6.5 - DISCONTINUANCE OF NONCONFORMING USE If a nonconforming use is abandoned or discontinued for a period of twelve (12) consecutive months, further use of the property or structure shall be for a conforming use and its nonconforming status shall terminate. § 6.6 - DAMAGE TO OR DESTRUCTION OF A NONCONFORMING STRUCTURE OR STRUCTURE CONTAINING A NONCONFORMING USE If a nonconforming structure or a structure containing a nonconforming use is damaged or destroyed by fire, flood, wind, explosion or act of God, the nonconforming structure or use may continue, but restoration shall be started within one (1) year of such calamity and shall be completed within three (3) years of initiating restoration. 80 § 6.7 - ZONING DISTRICT CHANGES Whenever the boundaries of a zoning district shall be changed so as to transfer an area from one (1) district to another district of a different classification, this Chapter shall apply to any nonconforming uses existing therein. § 6.8 - USES ALLOWED ON NONCONFORMING LOTS A. Nonconforming Lots in Residential Zoning Districts. In all residential zoning districts, a lot that is nonconforming as to area or dimension as of the effective date of this Code may be occupied by a single-family detached residential use, subject to all other applicable zoning district and development standards unless a variance is granted by the Board of Adjustment. B. Nonconforming Lots in Nonresidential Zoning Districts. In all nonresidential zoning districts, a lot that is nonconforming as to area or dimension as of the effective date of this Code may be occupied by any use permitted by right in the zoning district, provided that a by-right accommodations use shall not be developed on a lot with an area less than: 1. Forty thousand (40,000) square feet in the A zoning district, or 2. Fifteen thousand (15,000) square feet in the A-1 zoning district. Such uses shall be subject to all other applicable zoning district and development standards unless a variance is granted by the Board of Adjustment. (Ord. 18-02 §1, 12/10/02) § 6.9 - EXTENSION, EXPANSION, OR ENLARGEMENT OF A USE A. Extension, expansion, or enlargement of a use. 1. Except as otherwise specified in this code, a nonconforming use, a building or structure that contains a nonconforming use, or a nonconforming building or structure as defined herein, cannot be extended, expanded, or enlarged without the approval through the process found in Subsection 6.9 B of the EVDC. 2. When a building is nonconforming only as to a required setback, it may be extended, expanded or enlarged as long as the following conditions are met: a. The proposed addition is not more than 50 percent of the square footage of the original building and is not more than 2,000 square feet; b. The proposed addition is outside the required setback; and c. No portion of the original building or the proposed addition is within the future right-of-way identified by the Larimer County Functional Road Classification or the Colorado Department of Transportation. B. Process. 1. Any request to extend, expand, or enlarge a nonconforming use, building or structure requires a pre-application conference consistent with requirements in Section 3.2 A of the EVDC. 2. Review of the request commences when a complete application is submitted. 81 3. Upon receipt of a complete application, the Community Development Director will refer the applicable application materials to all appropriate departments and agencies and mail written notice of the application to property owners in the vicinity of the proposal per the General Notice Provisions, Section 3.15 of the EVDC. 4. Neighbor notification and comment. a. Written notice of the proposal shall be mailed to neighbors per the General Notice Provisions, Section 3.15 of the EVDC. b. The notice shall provide 14 days for neighbors to respond with any questions or concerns. Comments shall be provided to the planning department. c. The planning department shall provide the applicant with a copy of any comments received. 6. Administrative determination. Within five working days following receipt of comments, the Community Development Director shall provide a written determination stating that the request to extend, expand, enlarge or change the character of a nonconforming use, building or structure: a. Is approved, and complies with this code and any other approvals imposed by the governing body or the board of adjustment; or b. Requires modifications, based upon the referral review; or c. Is denied based upon an inability to comply with this code, including the review criteria contained herein, and any other approvals or conditions of approval imposed by the governing body or the Board of Adjustment. 7. The decision of the Community Development Director may be appealed in writing to the governing body, pursuant to Subsection 12.1 C. of the EVDC. 8. Upon the determination of the Community Development Director that the application: a. Requires modifications, the applicant shall be required to make a revised submittal, for a subsequent review, that addresses the referral or other comments. Prior to the revised submittal the applicant may request a meeting to discuss the referral or other comments; or b. If approved, the applicant shall provide final versions of the site plan and supporting documents for approval by the Community Development Director. C. Review criteria for requests to extend, expand, enlarge or change the character of a nonconforming use, building or structure. To approve a request to extend, expand, or enlarge a nonconforming use, building or structure, the Community Development Director shall consider the following criteria and find that each has been met or determined to be inapplicable: 1. The extended, expanded, enlarged or changed use, building or structure is not more than 50 percent larger or more intense than the initial use, building or structure as measured by indoor area and/or outdoor use area or as measured by other means deemed applicable by the Community Development Director; 2. The request to extend, expand, or enlarge a nonconforming use, building or structure complies with all applicable requirements of this Code and any applicable supplementary regulations; 3. The request to extend, expand or enlarge a nonconforming use, building or structure complies with all conditions of approval imposed by the governing body or board of adjustment under another approval process authorized by this code; 82 4. The proposed use will not result in a substantial adverse impact on other property in the vicinity of the subject property. D. Number of approvals. Only one request to extend, expand, enlarge or change the character of a nonconforming use, building or structure shall be granted per nonconformity. Additional expansions or changes in character shall be accomplished by following the appropriate procedure to make the use, building or structure conforming, pursuant to the EVDC. E. Additional approval requirements. Approval of a request for an extension, expansion, enlargement or change of character of a nonconforming use, building or structure shall not relieve the applicant from complying with the building codes as adopted by the jurisdictional authority or the building permit submittal requirements. F. Minor deviations. Technical, engineering or other considerations may necessitate minor deviations from the approved plans. The Community Development Director may approve minor deviations, in writing, provided they comply with this code and the intent of the original approval. G. Amendments. Changes to the approval that the Community Development Director determines not to be minor deviations shall require approval through the applicable process as described in this code. If the amendments are not minor deviations, a new application shall be required and it shall receive full review under the approval processes appropriate to the use as described in this code. H. Vesting. An approved request for an extension, expansion, enlargement or change of character of a nonconforming use, building or structure shall not create a vested right. Approved plans shall be effective for two years. If the use has not commenced and/or a building permit and/or development construction permit are not issued within two years of the approval, the approved plan shall automatically expire. 83       84 LIGHT & POWER DIVISION Memo To: Honorable Mayor Jirsa Board of Trustees Through: Town Administrator Lancaster From: Utilities Director Bergsten Superintendent Lockhart Date: April 10, 2018 RE: Memorandum of Understanding with Platte River Power Authority for Fiber Construction to Glen Haven Objective: Obtain approval of the Platte River Power Authority (PRPA) Memorandum of Understanding (MOU). The MOU outlines an arrangement for the Town’s Light and Power Division to construct a fiber optic route between the Municipal Building and Glen Haven for Platte River Power Authority. Present Situation: PRPA is constructing a redundant fiber optic route between Loveland and Estes Park. The segment between Drake and Glen Haven was completed in 2016 in conjunction with the CR 43 flood recovery construction. The segment from the Estes Park Municipal Building and Glen Haven has not been built. Proposal: Light and Power has proposed constructing the Estes-Glen Haven segment for PRPA using a product, Dura-Line FuturePath® Figure-8, which lowers the cost of installing additional fiber optics at a future date. Light and Power will absorb the cost of the FuturePath® Figure-8. This product is being installed along Highway 34 from Mall Road to the end of the Light and Power service area. Advantages:  Lower future smart grid and broadband construction costs;  Develop staff skills in the means and methods of fiber optic construction;  This will result in high quality workmanship because our staff takes pride in the final product and they know they’ll be the ones maintaining it;  Self-performance of this work allows us to perform visual inspection of the existing electric system. Disadvantages:  This adds to an already busy construction schedule; however, temporary staff is being hired to help with this project. 85 Action Recommended: Staff recommends the approval of the MOU. Budget: $60,000, FuturePath® Figure-8, 502-7001-580.35-66 FIBER OPTIC INSTALL; Construction expenses of $649,000 will be paid by PRPA. Level of Public Interest: Medium. There are some members of the public who recognize smart grid fiber and PRPA’s fiber can be used for modern high-speed broadband service. Sample Motion: I move to approve/deny the PRPA MOU. Attachments: PRPA MOU FuturePath® figure-8 Highway 34 FuturePath® construction during closure Highway 34 FuturePath® splicing Highway 34 FuturePath® competed enclosure 86 MEMORANDUM OF UNDERSTANDING GLEN HAVEN TO ESTES PARK LONG-HAUL FIBER PROJECT This Memorandum of Understanding (MOU) is made and entered into ______________ , by and between PLATTE RIVER POWER AUTHORITY, a political subdivision of the State of Colorado (“Platte River”), and the TOWN OF ESTES PARK, COLORADO (“Estes Park”), hereinafter referred to as the “Parties.” RECITALS WHEREAS, Platte River maintains a regional fiber optic network in and around the municipalities of Estes Park, Loveland, Longmont and Fort Collins, Colorado for the purpose of ensuring high quality, reliable communications critical to real-time operation of its electric system; and WHEREAS, Estes Park desires to plan for the provision of future smart grid functions to its customers within its electric service territory; and WHEREAS, to further its smart grid initiative, Estes Park desires to construct a fiber pathway which will allow for the installation of multiple fiber optic cables between Estes Park and Glen Haven, Colorado, which pathway is within the electric service territory of Estes Park (the “Project”); and WHEREAS, Platte River desires to install a redundant fiber route between Loveland and Estes Park to ensure the reliability of its electric communication system (the “Long-Haul”); and WHEREAS, the Long-Haul portion of fiber between Glen Haven and Estes Park may be installed within the Project; and WHEREAS, the purpose of this MOU is to set forth the terms upon which the Parties will jointly pursue completion of the Project. NOW THEREFORE, in consideration of the mutual promises contained herein, the Parties hereby agree as follows: UNDERSTANDING 1.CONTRACT NEGOTIATIONS. The parties hereto agree to negotiate in good faith to execute a contract whereby Estes Park will provide construction services to Platte River for its portion of the Project. The parties will work together as expeditiously as possible to ensure that a contract is executed no later than June 1, 2018. Platte River shall draft the contract which shall include the following key provisions: a.Technical Specifications. Estes Park shall provide the technical specifications for the Project which shall be reviewed and modified as necessary by Platte River. Upon the approval of the technical specifications by Platte River, the specifications shall be incorporated into the contract. b.Cost Allocation. The contract shall include a breakdown of the cost allocation between the parties for the Project. Platte River shall pay for that portion of the Project which includes installation of a 144-strand cable of fiber and associated vaults located within the pathway. Platte River shall also pay for its proportionate share of labor, equipment and materials associated with construction and installation of the Project. c.Payment Schedule. The contract shall include a payment schedule for amounts due to Estes Park. Upon execution of this MOU, Platte River shall pay Estes Park the amount of $298,302.00 for materials, equipment and a portion of the estimated labor costs associated with Platte River’s portion of the Project as set forth in Paragraph 2 below. 87 The schedule of payments for the remaining amounts due shall be set forth in the contract. Platte River shall retain a minimum of 5% of the total contract amount until final acceptance of the work. Platte River’s total estimated project cost is $649,000.00 as follows: The cost estimate breakdown: Note: Contracted work includes blasting, fiber install, and boring allowances totaling $118,000, thus the contingency value is $52,698. The Equipment total above includes mileage and vehicle charges as listed in the detail cost estimate set forth in Exhibit A, attached hereto and incorporated herein by this reference. d.Pole Attachment/Easement Rights. Estes Park shall grant to Platte River the perpetual right to occupy the pathway for the maintenance and operation of its Long-Haul fiber and associated vaults between Glen Haven and Estes Park. This permission shall be conveyed by a separate License or Pole Attachment Agreement. e.Construction. Estes Park shall procure and provide all material, labor, equipment, permits, project management and construction administration for the installation and completion of the Project. The existing electric path shall be utilized as much as possible to minimize costs. For underground, all extra conduit space will be utilized that is currently available. For overhead, existing poles will be used as much as possible. Areas that need additional support will be identified and an estimate of cost will be made accordingly. For underground, this includes additional trenching, boring, or blasting work needed. For overhead, this would include any additional installation of poles. Estes Park shall acquire all permits for any road crossings or right-of-way work areas as necessary from CDOT, Larimer County, or the Town of Estes Park. The Project shall be completed before December 18, 2018, weather permitting. f.Fiber Specifications. All materials supplied, and installation practices performed by Estes Park or it subcontractors shall comply with Platte River’s fiber installation practices, and product performance specifications set forth in Exhibit B, attached hereto and incorporated herein. g.Warranty. Estes Park shall provide a one-year warranty which shall require that the work contracted will be as specified and will be free from defects in design, workmanship and materials. If within the warranty period the work fails to meet the provisions of the Labor $ 270,000 Material $ 125,852 Equipment $ 82,450 Contracted work/Contingency $ 170,698 Estimated Total $ 649,000 88 warranty, Estes Park shall promptly correct any defects, by adjustment, repair or replacement of all defective parts or materials at no cost to Platte River. h.Maintenance. Estes Park shall at all times own and maintain the attachment (excluding Platte River’s 144 fiber strand cable and associated vaults). The pathway shall be maintained, repaired and replaced by Estes Park in such a manner to enable Platte River to exercise the full use and benefit of its Long-Haul fiber and to fulfill Platte River’s own telecommunications service and other requirements. i.Coordination. Throughout the construction of the Project, the parties shall consult with each other on a frequency to be agreed upon for the purpose of resolving any issues that may arise during construction. 2.NOTICE TO PROCEED a.Execution of this MOU by the Parties shall constitute a Notice to Proceed, authorizing Estes Park to begin procurement of Project materials and equipment and to perform Project preconstruction services subject to the terms and conditions set forth herein. Upon execution of this MOU, Platte River shall pay Estes Park the sum of Two Hundred Ninety-Eight Thousand Three Hundred and Two Dollars ($298,302.00). This amount shall include the following costs associated with Platte River’s portion of the Project: Materials $125,852.00 (100% of Platte River’s estimated cost) Equipment $82,450.00 (100% of Platte River’s estimated cost) Labor $90,000.00 (1/3 of Platte River’s estimated cost) $298,302.00 b.The Parties agree to execute the Project contract referred to herein, to provide for all terms and conditions to which the construction, delivery and maintenance of the Project shall be subject. 3.TERM. The Term of this MOU shall be from the date first above written through the execution date of the Project contract referred to herein. Total 89 IN WITNESS WHEREOF, the Parties hereto have caused this MOU to be executed the day and year first above written. PLATTE RIVER POWER AUTHORITY: By: __________________________ Title: __________________________ APPROVED AS TO FORM: __________________________ Deputy General Counsel TOWN OF ESTES PARK, COLORADO: By: __________________________ Title: __________________________ ATTEST: __________________________ Town Clerk 90 Exhibit A Detailed Cost Estimate Item Item #Unit Cost Quantity Total Estimated Labor estimated labor $60.00 4,500.00 $270,000.00 Mileage EL-MILEAGE $0.80 1,500.00 $1,200.00 UG 12.7mm x 10mm MicroDuct EL-SMRT-GRD-02 $0.00 15,000.00 $3,900.00 MICRO FIBER OPTIC CABLE EL-208-15-30 $1.38 60,000.00 $82,800.00 PENCELL VAULT EL-900-55-20 $1,381.90 15.00 $22,113.00 BORING EL-MAT-116 $40.00 1,200.00 $48,000.00 POLE 45' CL2 EL-675-90-9 $1,004.95 15.00 $15,074.25 CROSSARM 8' FIBERGLASS EL-675-90-30 $130.99 15.00 $1,964.85 Backbone Fiber Systems, LLC EL-0005 $50,000.00 Badger Blasting EL-0001 $20,000.00 Vehicle Charges EL-VEHCHRG $32.50 2,500.00 $81,250.00 Subtotal $596,302.10 Contingency $52,697.90 Total $649,000.00 91 Exhibit B Platte River Power Authority Fiber Specifications Span Requirements: Span documentation will be performed using the two following methods: Optical Time Domain Reflectometer (OTDR) and insertion loss (stabilized light source and power meter) measurement in each direction at 1310 and 1550 run wavelengths. (1)Maximum dB/km loss must not exceed 0.25 db/km at 1550 nm and 0.35 at 1310 nm. (2)Typical span scenario 30.0 dB = 120 km X 0.25 dB/km. (3)The splice loss will average 0.10 dB. Splices shall be measured using bi -directional methods to average absolute splice loss. In no case shall a fiber show a single event discontinuity greater than 0.5 dB. Discontinuities (known as steps, splices, or attenuation non-uniformities) shall be measured with an OTDR to determine the loss of the localized attenuation. For fusion splices, the loss or gain of each point discontinuity shall not exceed -0.04 dB or +0.08 dB. (4)All fiber splices will be fiber-to-fiber fusion type. (5)Cable and pigtails will be fusion spliced. (6)Test data including OTDR hard copies and electronic data will be retained by Platte River Power Authority’s System Maintenance Manager. Key Optical Performance Characteristics For Single-Mode Optical Cables: Attenuation Single-Mode Non-Shifted: 1)The attenuation must not exceed 0.25 dB/km when measured at a wavelength of 1.55 microns (1550 nm) using the two-point measurement. 2)The attenuation must not exceed 0.35 dB /km when measured at a wavelength of 1.30 microns (1310 nm) using the two point measurement. Attenuation Versus Wavelength Single-Mode: The attenuation for the wavelength region from 1525 nm to 1575 nm must not exceed the attenuation at 1550 nm by more than 0.05 dB/km. Chromatic Dispersion Non-Dispersion Shifted (ps/nm-km): For conventional single-mode fibers, the zero dispersion wavelength must be 1301.5 to 1321.5 run. The maximum dispersion slope (SoMAX) must be no greater than 0.092 ps/(km-nm2). The nominal zero dispersion wavelength must be near 1310 nm zero dispersion range. The dispersion between 1530 and 1570 nm must be less than or equal to 18 ps/(nm-km). 92 Cutoff Wavelength The cutoff wavelength of cabled fiber must be less than 1260 nm. Core Diameter: The core diameter must be typically 8.7 ± 1.3 um. Temperature: Operating Temperature Range -40 C to +70 C (40 F to 158 F). Cable Installation Requirements: Construction: Cable will be constructed in accordance with sound commercial practices. The National Electric Safety Code shall be followed in every case except where local regulations are more stringent, in which case local regulations shall govern. 93       94 COMMUNITY DEVELOPMENT Report To: Honorable Mayor Jirsa Board of Trustees Through: Town Administrator Lancaster From: Randy Hunt, Community Development Director Date: April 10, 2018 RE: Fee Waiver Request – Gray Hawk Ct./Crabapple Ln. (Habitat for Humanity of the St. Vrain Valley Inc.): Plan Review and Building Permit Fees - $6,950.00 Objective: Request by owner to waive Building division fees, in order to facilitate housing attainability through cost reduction. Total permit and plan review fees amount is preliminarily estimated at $6316.05 (see attachments). Staff suggests a target fee-waiver amount at $6950. Staff recommends approval of the waiver for $6,950.00. Present Situation: The fee waiver request is made by Habitat for Humanity of the St. Vrain Valley Inc, owner and developer of the property. (The Estes Valley Habitat for Humanity has affiliated with the St. Vrain Valley Habitat for Humanity in Longmont.) The subject properties are located adjacent to the northeast corner of Gray Hawk Court and Crabapple Lane, north of the Vista Ridge development and west of the Salud Clinic, inside Town boundaries. This property and home project went through a rezoning and development- plan approval process approx. 1.5 years ago. Habitat is now approaching construction season and wishes to resolve the matter of fees before completing the building-permit application procedures. As some of the elements above are still in progress, building permits have not yet been obtained; therefore, building permit fees are only an estimate at this time. Proposal: The request would allow for waiver of the plan review and building permit fees for two new single-family detached houses on the two subject lots. If this waiver request is approved, any cost in connection with Building division fees would be zeroed out, up to the amount of the waiver (except the County tax, which cannot be waived by the Town.) Attachment 2 consist of a series of emails between Habitat and the Building division regarding estimated fees. Mr. John Lovell, Director of Development for Habitat, has provided square 95 footage for a preliminary valuation estimate. Building division has not yet made a final cost, as plans have not yet been submitted, but the final figures are likely to be close to the estimate. Staff would suggest that if the fees are waived, we go with the estimate of $6316.05, and add another 10 percent on top of that, just in case. This would yield a fee waiver of $6950.00 in round numbers. Staff is reluctant to waive fees unless a clear need is present. In this case, however, the project is aimed at providing two new units of housing, under an already approved development plan, in a category the Town and community have identified as a high priority. The request also complies with specific language in Policy 402 (attached) which provides for fee waivers in workforce/attainable housing projects. Staff supports this fee waiver as proposed. We would note that more fee waivers may be forthcoming for other workforce/attainable housing projects. Some or all of these may be quite worthwhile projects; however, it will be important to keep an eye on revenue/expenditure ratios in the Community Development Dept. budget and make any adjustments needed. All present-day CD funds are from the General Fund, whether revenues or expenditures. Advantages:  Would assist in providing workforce/attainable housing in Estes Valley, per Town Board adopted Strategic Goals.  Fits criteria for fee waiver in adopted Policy 402. Disadvantages:  Not necessarily a disadvantage, but caution is appropriate when removing a revenue source from the Town budget. Action Recommended: Staff supports the request as presented. Finance/Resource Impact: 101-2300-322.10-00: Waiver = not-to-exceed $6,950.00 [exact amount TBD upon future permit review]. Level of Public Interest Low on this specific request; medium-to-high on the topic of attainable/workforce housing overall. Attachments: 1. Letter from Habitat for Humanity of St. Vrain Valley Inc., dated April 2, 2018. 2. Email series: “Permit Fees” (dated March 28, 2018) 3. Policy 402 – Fee Waiver (Community Development). 96 P.O.Box2745HabitatEstesPark,CO80517-2745forHumanity®Phone:970-586-8301oftheEstesValleyApril2,2018EstesParkBoardofTrustees170MacGregorAvenueEstesPark,CO$0517DearMembersoftheBoardofTrustees;WearewritingtoyoutodaytorequestyoursupportforfeewaiversforourupcomingprojectonGrayHawkCourtinEstesPark.HabitatforHumanityoftheEstesValleyprovidesaffordablehomeownershipopportunitiestothoseat60%AMIorbelow.Applicantsareselectedafteralengthyscreeningprocessthatinvolvesdemonstrationofneed,abilitytorepayanaffordablemortgage,andwillingnesstopartner.Onceselectedapplicantsputinaminimumof250hoursofsweatequitytobuildtheirhomeandcompleteclassestopreparethemforhomeownership.Whenthehomeiscompletetheycloseonthehomeandpaybackano-profit,affordablemortgagethatHabitatusestobuildthenexthouse.Habitatwillbuildtwohousesatthissite.Thefirsthomewillbestartedthissummer.OneapplicanthasbeenselectedwhocurrentlylivesandworksinEstesParkinaSupervisorycapacityattheEstesParkMedicalCenter.ThispersonhaslivedinEstesParkforthepast10years.Thefirstmortgageforourhomewillbeapproximately$200,000andwillhaveadeedrestrictiononitthatwillmeetyourmostrecentdensitybonusrequirementsof50years.Wehaveincludedahousedesignrendering.Wewillworkwithourarchitecttodeterminecolorschemesandfeaturesthatseektoblendthishousewithotherhomedesignsinthearea.WelookforiardtoservingtheEstesParkcommunityandappreciateyourconsiderationofthisrequest.Thankyou!Sincerely,/DavidCEmerson•E-xeutiveDirectorAttachmentBuildingStrength.,StctbilitvandSef—RelianceThroughShelter97 r/198 Re: Permit Fees Inbox Jacki Wiedow 10:21 AM (22 hours ago) to John, me Your welcome John! On Wed, Mar 28, 2018 at 9:30 AM, John Lovell <jlovell@stvrainhabitat.org> wrote: Thank you for the speedy response Jacki! John Lovell Director of Development Habitat for Humanity of the St. Vrain Valley Office: 303-682-2485 x101 Cell: 303-709-2810 This message may contain confidential and/or proprietary information, and is intended for the person/entity to whom it was originally addressed. Any use by others is prohibited. From: Jacki Wiedow [mailto:jwiedow@estes.org] Sent: Wednesday, March 28, 2018 9:16 AM To: John Lovell <jlovell@stvrainhabitat.org> Cc: rhunt@estes.org Subject: Re: Permit Fees Hi John, The valuation for the 1st unit is $342,375 according to the square footage calculation. The Building Division fees and Larimer County Tax are as follows: Building Permit Fee $2,354.55 Plan Review Fee $1,177.28 County Tax $941.53 Total $4,473.36 The valuation for the 2nd unit is $253,759 according to the square footage calculation. The Building Division fees and Larimer County Tax are as follows: Building Permit Fee $1,856.15 Plan Review Fee $928.07 County Tax $697.84 Total $3,482.06 John, if you need further assistance please contact me anytime. 99 On Wed, Mar 28, 2018 at 8:48 AM, John Lovell <jlovell@stvrainhabitat.org> wrote: Hi Jackie – Habitat for Humanity is going to be seeking fee waivers from the town board on April 10th for the two units we will be building at the corner of Gray Hawk Circle and Crabapple Lane. Both of these units will be workforce/affordable single family homes for families earning between 30% – 60% of the Area Median Income for Larimer County. The first unit has the following dimensions: House: 1495 Square feet Garage: 400 Square feet Deck: 128 Square feet The second unit has the following dimensions: House: 1056 Square feet Garage: 400 Square feet Deck: 242 Square feet I would appreciate an estimate of the fees that can be waived for each of these units so that I can provide this information to the town board. Thank you so much for your help on this. John Lovell Director of Development Habitat for Humanity of the St. Vrain Valley Office: 303-682-2485 x101 Cell: 303-709-2810 This message may contain confidential and/or proprietary information, and is intended for the person/entity to whom it was originally addressed. Any use by others is prohibited. Jacki Wiedow Senior Permit Technician Building Division Community Development Department Town of Estes Park 970-577-3726 100 101 102 COMMUNITY DEVELOPMENT Report To: Honorable Mayor Jirsa Board of Trustees Through: Town Administrator Lancaster From: Randy Hunt, Community Development Director Date: April 10, 2018 RE: Fee Waiver Request – 260 Stanley Avenue (Kingswood Homes): Plan Review and Building Permit Fees - $4,125.00 Objective: Request by contractor/owner to waive Building division fees, in order to facilitate housing attainability through cost reduction. Total permit and plan review fees amount is preliminarily estimated at $3750 (see attachments 1 and 2). Staff suggests a target fee- waiver amount at $4125. Present Situation: The fee waiver request is made by contractor Mike Kingswood (Kingswood Homes). Mr. Kingswood is also a co-owner of the property with Cynthia Kingswood. This property is the subject of several recently completed or still-underway development approvals, including rezoning to RM (Multi-Family Residential), platting/replatting the property, development plan, and transfer of a small piece of Town-owned property to the Kingswoods to complete the project. The anticipated outcome is construction of seven (7) new workforce/attainable housing units. As some of the elements above are still in progress, building permits have not yet been obtained; therefore, building permit fees are only an estimate at this time. Proposal: The request would allow for waiver of the plan review and building permit fees. If approved by Town Board on April 10, any cost already paid by the contractor/owner in connection with Building division fees would be reimbursed (except the County tax, which cannot be waived by the Town.) Any future cost would not be charged if the waiver is approved, up to the amount of the waiver. Attachment 2 consist of a series of emails between Mr. Kingswood and the Building division regarding estimated fee costs. Mr. Kingswood believes the $209/sq.ft. fee estimate for the new units is somewhat high; Building division has not yet made a final estimate. 103 Staff would suggest that if the fees are waived, we go with the (possibly high) estimate of $3750, and add another 10 percent on top of that, just in case. This would yield a fee waiver of $4125. Staff is reluctant to waive fees unless a clear need is present. In this case, however, the project is aimed at providing 7 new units of housing in a category the Town and community have identified as a high priority. The request also complies with specific language in Policy 402 (attached) which provides for fee waivers in workforce/attainable housing projects. Staff supports this fee waiver as proposed. We would note that more fee waivers may be forthcoming for other workforce/attainable housing projects. Some or all of these may be quite worthwhile projects; however, it will be important to keep an eye on revenue/expenditure ratios in the Community Development Dept. budget and make any adjustments needed. All present-day CD funds are from the General Fund, whether revenues or expenditures. Advantages:  Would assist in providing workforce/attainable housing in Estes Valley, per Town Board adopted Strategic Goals.  Fits criteria for fee waiver in adopted Policy 402. Disadvantages:  Not necessarily a disadvantage, but caution is appropriate when removing a revenue source from the Town budget. Action Recommended: Staff supports the request as presented. Finance/Resource Impact: 101-2300-322.10-00: Refund = $4,125.00 [exact amount TBD upon future permit review]. Level of Public Interest Low on this specific request; medium-to-high on the topic of attainable/workforce housing overall. Attachments: 1. Email string dated Jan 11, 2018 referencing the fee waiver request 2. Email series: “Permit Fees” (dated March 16, 2018) 3. Policy 402 – Fee Waiver (Community Development). 104 105 3/16/2018 Jacki Wiedow <jwiedow@estes.org> permit fees 13 messages Mike Kingswood <mike@homesbykingswood.com>Mon, Mar 12, 2018 at 8:39 AM To: Jacki Wiedow <jwiedow@estes.org> Cc: James Day <commercialdevelopment@gmail.com> Jacki, For my upcoming 7 units at 260 stanley avenue, can you help me understand what permitting costs will be excluding electric and water fees. What info do you need to calc the fees? Thanks, Mike Jacki Wiedow <jwiedow@estes.org>Mon, Mar 12, 2018 at 8:47 AM To: Mike Kingswood <mike@homesbykingswood.com> Hi Mike I would need the square footage for each unit. Also provide a valuation as well. [Quoted text hidden] -- Jacki Wiedow Senior Permit Technician Building Division Community Development Department Town of Estes Park 970-577-3726 Mike Kingswood <mike@homesbykingswood.com>Mon, Mar 12, 2018 at 8:51 AM To: Jacki Wiedow <jwiedow@estes.org> Being individual attached town homes , is there a separate permit for each unit or each building ? Sent from my iPhone [Quoted text hidden] Jacki Wiedow <jwiedow@estes.org>Mon, Mar 12, 2018 at 8:55 AM To: Mike Kingswood <mike@homesbykingswood.com> Yes Mike, there would be a separate permit for each unit. [Quoted text hidden] Mike Kingswood <mike@homesbykingswood.com>Mon, Mar 12, 2018 at 9:24 AM To: Jacki Wiedow <jwiedow@estes.org> But a master plan can be created so only 1 review cost for each ? Sent from my iPhone [Quoted text hidden] Jacki Wiedow <jwiedow@estes.org>Mon, Mar 12, 2018 at 9:55 AM To: Mike Kingswood <mike@homesbykingswood.com> 106 3/16/2018 Town of Estes Park Mail - permit fees Mike A Master Plan is charged the full Plan Review fee. The next permits, if absolutely identical would be charged 1/4 of the Plan Review fee. All other fees would apply. I hope this answered your question.....if not let me know. [Quoted text hidden] Mike Kingswood <mike@homesbykingswood.com>Mon, Mar 12, 2018 at 11:56 AM To: Jacki Wiedow <jwiedow@estes.org> I have a 4- plex with each unit the same except 2 are mirror image . All part of 1 building .Each unit has 1100sf finished , 252 sf garage, 176 sf unfin.storage, 128 sf deck. valuation for construction is 150k /each unit. From that can you give me approx. permit cost ? [Quoted text hidden] Jacki Wiedow <jwiedow@estes.org>Mon, Mar 12, 2018 at 12:36 PM To: Mike Kingswood <mike@homesbykingswood.com> Hi Mike This is an estimate based on a valuation of $261,668 (we use square footage calculations on new builds) $3570 in fees for our Division only and again a rough estimate. [Quoted text hidden] Mike Kingswood <mike@homesbykingswood.com>Mon, Mar 12, 2018 at 1:02 PM To: Jacki Wiedow <jwiedow@estes.org> Thanks Jacki ! Would you look into that valuation some more ...if thats for each unit , that seems way high with this being multi family and budget build stuff. I have built 2 duplexes this year that were coming in at 150/sf (finished areas) with attached 1 car garages ... very similar to this. With a 4 plex the build amount goes down quite a bit. When it comes time for permit, if I take my total build cost for entire building and divide by 4 will that number be used as valuation? Thanks again, mike [Quoted text hidden] Jacki Wiedow <jwiedow@estes.org>Mon, Mar 12, 2018 at 1:14 PM To: Mike Kingswood <mike@homesbykingswood.com> Hi Mike We use square footage amounts for new builds. $209 is the charge per sq. ft. for new homes. [Quoted text hidden] Mike Kingswood <mike@homesbykingswood.com>Mon, Mar 12, 2018 at 1:17 PM To: Jacki Wiedow <jwiedow@estes.org> how do I contest that? I am building alot of homes for 180... AND LESS [Quoted text hidden] Jacki Wiedow <jwiedow@estes.org>Mon, Mar 12, 2018 at 1:23 PM To: Mike Kingswood <mike@homesbykingswood.com> Hi Mike You can come in at the end of a project with ALL receipts that show the amount, and we can do an audit. This is the amount used for everybody to determine valuation. [Quoted text hidden] 107 3/16/2018 Town of Estes Park Mail - permit fees Mike Kingswood <mike@homesbykingswood.com>Mon, Mar 12, 2018 at 1:32 PM To: Jacki Wiedow <jwiedow@estes.org> Ok , But surely there is cost differences between multi family and single... [Quoted text hidden] 108 109 110 TOWN ATTORNEY Memo To: Honorable Mayor Jirsa Board of Trustees Town Administrator Lancaster From: Gregory A. White, Town Attorney Date: April 10, 2018 RE: Ordinance No.07-18 Amending Chapter 5.20 of Estes Park Municipal Code Relating to Business Licenses Objective: Review, and if appropriate, adopt Ordinance No. 07-18 which amends Chapter 5.20 Business Licenses of the Municipal Code. Present Situation: The Town’s Business License Ordinance, Chapter 5.20 of the Municipal Code, needs to be amended to address and clarify issues with regard to the types of businesses, occupations, and professions which are required to obtain and maintain a business license, differentiate between certain types of business licenses, adjust the fees for business licenses, and address administration of business licenses. The amendments to Chapter 5.20 of the Municipal Code set forth in Ordinance 07-18 address the following:  Updates the definitions to clarify the definitions of individual accommodation units, vacation homes, bed and breakfast inns, mobile food vending, and individual service contracting.  Clarify that individual accommodation units, i.e. condos, which are individually owned and operated as vacation homes, are required to obtain an individual business license.  Establish the fee for all businesses which provide accommodations including vacation homes, bed and breakfast inns, individual accommodation units at $200 plus $50 per each bedroom.  Establishes the fee of $25 for an outdoor mobile food vendor license and individual service contractor license.  Clarifies that all businesses required to have a sales tax license in Colorado shall provide a copy of the current sales tax license at the time of obtaining a business license.  Provides exceptions to certain categories to obtain and maintain a business license including businesses, professions, or occupations, operating solely in property owned by the Town, the Estes Valley Recreation and Park District, the Park School District; professional performing artists; and any organization/entity having tax exempt status. 111 The Town Staff is recommending approval of Ordinance 07-18 which amends Chapter 5.20 of the Municipal Code. Advantages: Updates and clarifies the requirements for business, professions, and occupations to obtain and maintain a business license, adds and amends business license fees, and provides exemptions for certain categories of businesses. Disadvantages: None. Action Recommended: Adoption of Ordinance 07-18. Budget: It is anticipated that revenues from business licenses will increase if Ordinance 07-18 is adopted. Level of Public Interest Medium. Sample Motion: I move to adopt/not adopt Ordinance 07-18 Amending Chapter 5.20 to Estes Park Municipal Code relating to Business Licenses. Attachments: Ordinance No. 07-18. 112 ORDINANCE NO. 07-18 AN ORDINANCE AMENDING CHAPTER 5.20 BUSINESS LICENSES OF THE MUNICIPAL CODE WHEREAS, Chapter 5.20 of the Municipal Code sets forth the requirements for each business, profession or occupation within the Town to obtain and maintain a business license; and WHEREAS, it is necessary to amend Chapter 5.20 to provide for new categories of business licenses, clarify the requirements for individual accommodation units to obtain a business license, amend the amount of business license fees, and provide exceptions to the terms and conditions of Chapter 5.20 of the Municipal Code; and WHEREAS, the Board of Trustees has reviewed the amendments to Chapter 5.20 and determined that it is in the best interest of the Town to approve the amendment of Chapter 5.20 of the Municipal Code. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO AS FOLLOWS: 1. Chapter 5.20 of the Municipal Code, as more fully set forth on Exhibit A attached hereto and incorporated herein by reference, is hereby amended in its entirety. WHEREAS, in the opinion of the Board of Trustees an emergency exists in order for the Town to immediately issue business licenses pursuant to the newly amended provisions of Chapter 5.20 of the Municipal Code, and therefore this Ordinance shall take effect and be in force immediately after its passage, adoption, and signature of the Mayor or the Mayor Pro Tem. PASSED AND ADOPTED by the Board of Trustees of the Town of Estes Park, Colorado this _________ day of _______________, 2018. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk 113 I hereby certify that the above ordinance was introduced and read at a meeting of the Board of Trustees on the ________day of _____________, 2018 and published in a newspaper of general publication in the Town of Estes Park, Colorado, on the day of __________________, 2018. Town Clerk 114 EXHIBIT A FINAL  04/02/2018  Chapter 5.20 ‐ Business Licenses   5.20.010 ‐ Business license.   (a) Each business, profession or occupation within the Town, which business, profession or occupation consists of the selling of goods, wares, merchandise or service; the performing or rendering of service for charge; the leasing, renting or furnishing of an accommodation units or vacation home; and the carrying on or engaging in any nonresidential business shall obtain and maintain a business license. Each business, profession or occupation conducted at a separate physical location, regardless of ownership, shall obtain and maintain a separate business license. (b) Each individual accommodation unit or vacation home which is separately owned, including but not limited to a condominium unit, shall obtain and maintain a business license for the individual unit as provided in Section 5.20.030. An entity or company managing one (1) or more individual accommodation units or vacation homes, shall obtain and maintain a business license for the management business separate from the business license of the owner of the individual accommodation unit or vacation home. (Ord. 1-91 §1(part), 1991; Ord. 19-91 §1(part), 1991; Ord. 18-93 §2, 1993; Ord. 20-01 §1, 2001; Ord. 4-04 §1, 2004; Ord. 19-07 §1, 2007; Ord. 28-07 §1, 2007; Ord. 02-09 §§1, 2, 2009) (Ord. No. 01-16 , § 1, 1-26-2016) 5.20.020 ‐ Definitions.   In this Chapter, the following words and phrases shall have the following meanings: Accommodation means the rental, leasing or occupancy of an accommodation site, accommodation unit, individual accommodation unit, vacation home or bed and breakfast inn for a term total continuous duration of less than thirty (30) days. Accommodation site means one (1) individual parcel of real property consisting of twoone (21) or more accommodations units that are under all owned and managed by one person or entity. management control of a representative, entity or agency for rental purposes. Accommodation unit means any room, mobile home, recreational vehicle, camp site, or other area in a visitor-serving facility that provides temporary lodging, such as any hotel, motel, guest house, apartment, dormitory, mobile home park, recreational vehicle park or campground, or any such similar place, to any person whom, for a consideration, uses, possesses, or has the right to use or possess such room, mobile home site, recreational vehicle site, camp site or other area for a total continuous duration term of less than thirty (30) days. Bed and breakfast inn means a detached single-family residential dwelling unit that is rented, leased or occupied for accommodations purposes accommodation thatand is operator-occupied on a fulltime basisor an on-site manager resides on the premises during the accommodation use.. Building contractor means a business, profession or occupation whose primary business is the physical construction of structures and their appurtenances, including but not limited to: Acoustical contractor; Air conditioning contractor; 115 Asphalt contractor; Cabinets and cabinet makers; Carpenter; Caulking contractor; Ceiling contractor; Concrete contractor; Counter tops contractor; Demolition contractor; Drilling and boring contractor; Drywall contractor; Electrical contractor; Excavating contractor; Fire system installation contractor; Framing contractor; General contractor; Heating/mechanical contractor; Home building; Home improvement contractor; House mover contractor; Insulation contractor; Landscape contractor; Mason contractor; Painting contractor; Patio, deck, porch, building/enclosure contractor; 116 Paving contractor; Plumbing contractor; Remodeling and repairing contractor; Road building contractor; Roofing contractor; Septic tanks and systems contractor; Siding contractor; Sprinkler system contractor; Swimming pool contractor; Tile/ceramic contractor; and waterproofing contractor. General business means the carrying on or engaging in any business, profession or occupation within the Town, which business, profession or occupation consists of the selling of goods, wares, merchandise or services or the performing or rendering of service for charge; except the carrying on or engaging in an accommodation, building contractor, or home business, outdoor mobile food vending or individual service contracting. . Home business means a business, profession or occupation conducted within or from a dwelling by a resident as an accessory use to the residential use of the dwelling, but it does not include a building contractor or accommodation. Individual Accommodation Unit means any separately owned accommodation, such as a condominium unit, which is rented, leased or occupied for a term of less than thirty (30) days and is not a vacation home. Individual Service Contractor means an individual who offers services as an independent contractor, who is not an employee of the business or site where the services are provided; and the individual services are provided on a sporadic basis for less than ninety business days in a calendar year. Individual Service Contractors include but are not limited to masseuses, fitness instructors, art/music teachers, physical therapists or lecturers. Nonresident business means a business, profession or occupation whose business premises is located outside the corporate limits of the Town but is otherwise subject to the terms of this Chapter. Outdoor Mobile Food Vending means a business conducted from a licensed vehicle which sells food and beverages to the public. Owner means the person owning any business, profession, occupation or accommodation. unit. In the event that the owner is a nonresident or cannot be located by the Town, the operator, manager or lessee of any such business, profession or occupation shall be deemed an owner for all purposes of this Chapter. Vacation home means a single-family residential dwelling unit that is rented, leased or occupied for accommodations purposes for compensation for terms of less than thirty (30) days. 117 (Ord. 1-91 §1 (part), 1991; Ord. 19-91 §1(part), 1991; Ord. 18-93 §1, 1993; Ord. 11-94 §1, 1994, Ord. 15-97, 1997; Ord. 20-98 §1, 1998; Ord. 20-01 §2, 2001; Ord. 4-04 §1, 2004; Ord. 19-07 §1, 2007; Ord. 02-09 §§3, 4, 2009; Ord. 02-10 §1, 2010) (Ord. No. 01-16 , § 1, 1-26-2016) 5.20.030 ‐ Amount of license fee.   The business license fee is set forth as follows: (1) General business license: two hundred dollars ($200.00) per year. (2) Accommodations license as follows: each individual accommodation site shall pay a business license fee based upon the number of units on the individual accommodation site. five (5) units or less, one hundred fifty dollars ($150.00) per year; six (6) to twenty (20) units, two hundred sixty dollars ($260.00) per year; twenty-one (21) units or more, three hundred seventy-five dollars ($375.00) per year. Each individual accommodation site shall pay a business license fee based upon the number of units on the individual accommodation site. (3) Building contractor's license: two hundred dollars ($200.00) per year. (4) Home business license: one hundred dollars ($100.00) per year. (5) Individual accommodation unit : Any individual accommodation unit, including but not limited to a condominium unit, which is not part of an accommodation site, shall pay a business license fee of one hundred fifty dollars ($150.00200.00) per year, plus fifty dollars ($50.00) for each bedroom. . (6) Vacation home: two hundred dollars ($200.00) base fee per year; plus fifty dollars ($50.00) for each bedroom. (7) Bed and Breakfast Inn License: two hundred dollars ($200.00) base fee per year; plus fifty dollars ($50.00) for each bedroom. (8) Outdoor Mobile Food Vendor License: ______________ dollars ($_25_____) per year; (9) Individual Service Contractor License: _______________ dollars ($_25________) per year (Ord. 1-91 §1(part), 1991; Ord. 19-91 §1(part), 1991; Ord. 18-93 §3, 1993; Ord. 11-94 §2, 1994; Ord. 20-98 §3, 1998; Ord. 21-98 §1, 1998; Ord. 20-01 §3, 2001; Ord. 4-04 §1, 2004; Ord. 19-07 §1, 2007; Ord. 02-09 §5, 2009) (Ord. No. 01-16 , § 1, 1-26-2016) 5.20.040 ‐ Business license requirements.   Every person who is the owner of any business, profession, occupation or, accommodation unit or vacation home, including owners of multiple businesses at separate physical locations, shall obtain a business license from the Town as follows: (1) A business license shall be obtained prior to engaging in any business, profession, occupation or, accommodation or vacation home within the Town. (2) The owner shall complete all forms and provide all information required by the Town Clerk for obtaining a business license. (3) The owner, if required, shall complete an Affidavit of Lawful Presence and present valid identification required by Section 24-76.5-101, et seq., C.R.S., or any regulation of the State promulgated thereto. 118 (4) The owner shall complete and/or provide all documentation and information required by the State and/or the United States for the issuance of a business license. (5) If the business is required to have a sales tax license by Colorado Law, the owner shall provide a copy of a current Colorado sales tax license. (Ord. 1-91 §1(part), 1991; Ord. 19-91 §1(part), 1991; Ord. 4-04 §1, 2004; Ord. 19-07 §1, 2007; Ord. 28-07 §2, 2007; Ord. 02-09 §6, 2009) (Ord. No. 01-16 , § 1, 1-26-2016) 5.20.050 ‐ Form of license; transfers.   Each business license shall be numbered and shall show the name and place of the business of the licensee and shall be posted in a conspicuous place on the business premises for which it is issued. This license may be transferable to any new owner of the business so long as the business remains at the same premises. (Ord. 1-91 §1(part), 1991; Ord. 19-91 §1(part), 1991; Ord. 18-93 §4, 1993; Ord. 15-97, 1997; Ord. 20-01 §4, 2001; Ord. 19-07 §1, 2007; Ord. 02-09 §7, 2009) (Ord. No. 01-16 , § 1, 1-26-2016) 5.20.060 ‐ Payment of license fee.   The owner of each business, profession, occupation or, accommodation unit or vacation home subject to the provisions of this Chapter shall pay the business license fee for each calendar year in which the owner engages in any business, profession, occupation or, accommodation or vacation home within the Town as follows: (1) Full payment is required on or before March 31 of each calendar year. (2) Any new business, profession, occupation or, accommodation or vacation home which begins its business on or after January 1 and on or before June 30 shall pay the full amount of the business license fee. Any new business, profession, occupation or accommodation which begins its business on or after July 1 and on or before September 30 shall pay one-half (½) of the business license fee. Any new business, profession, occupation or accommodation which begins its business on or after October 1 and on or before December 31 shall pay one-fourth (¼) of the business license fee. All business license fees subject to this Subsection (2) shall be due and payable upon submittal of an application to the Town Clerk's office. (3) In the event any existing business license is not renewed in the subsequent calendar year on or before March 31, the business license shall be deemed to have lapsed. A new business license fee in full must be paid by the owner. There shall be no proration of this business license fee. (4) In the event that a nonsufficient funds (NSF) check is received, a twenty-dollar ($20.00) fee will be added to the account. (Ord. 1-91 §1(part), 1991; Ord. 19-91 §1(part), 1991; Ord. 18-93 §5, 1993; Ord. 15-97, 1997; Ord. 20-01 §5, 2001; Ord. 4-04 §1, 2004; Ord. 19-07 §1, 2007; Ord. 28-07 §3, 2007; Ord. 02-09 §8, 2009) (Ord. No. 01-16 , § 1, 1-26-2016)     119 5.20.070 ‐ Violation.   It shall be a violation of this Chapter for an owner of a business, profession, occupation or, accommodation or vacation home to fail to obtain and maintain the business license; refuse to make payment to the Town of the business license fee; or fail to complete the application process. (Ord. 1-91 §1(part), 1991; Ord. 19-91 §1(part), 1991; Ord. 4-04 §1, 2004; Ord. 19-07 §1, 2007; Ord. 28-07 §4, 2007; Ord. 02-09 §9, 2009) (Ord. No. 01-16 , § 1, 1-26-2016) 5.20.080 ‐ Revocation of license.   The Town shall give written notice to the owner of any business, profession, occupation or , accommodation , or vacation home who has failed to pay the fee in accordance with Section 5.20.060. If the business license fee is not paid in full within twenty (20) days of the date of the notice, the Town shall revoke the business license. Upon revocation of the business license, the owner's right and privilege to conduct the business, profession, occupation or accommodation or vacation home within the Town is terminated. (Ord. 1-91 §1(part), 1991; Ord. 19-91 §1(part), 1991; Ord. 4-04 §1, 2004; Ord. 19-07 §5, 2007; Ord. 28-07 §5, 2007; Ord. 02-09 §10, 2009) (Ord. No. 01-16 , § 1, 1-26-2016) 5.20.085 ‐ Termination of right to conduct business.   Upon revocation of a business license or failure to obtain and maintain a business license, the owner's right and privilege to conduct its business, profession, occupation, or accommodation or vacation home within the Town is terminated. Following termination, the Town may seek injunctive relief in the District Court to enjoin the owner of any business, profession, occupation or, accommodation or vacation home within the Town from conducting said business, profession, occupation or accommodation within the Town. (Ord. 28-07 §6, 2007; Ord. 02-09 §11, 2009) (Ord. No. 01-16 , § 1, 1-26-2016) 5.20.090 ‐ Inspections.   The Town shall be entitled at any time, upon reasonable notice to the owner of any business, profession, occupation or accommodation, to inspect the premises occupied by the business, profession, occupation or accommodation for the purpose of ascertaining compliance with the terms and conditions of this Chapter. In the event that such inspection reveals that the business license fee charged to the business, profession, occupation or accommodation is in fact erroneous, an adjustment shall be made by the Town of the license fee. (Ord. 1-91 §1(part), 1991; Ord. 19-91 §1(part), 1991; Ord. 4-04 §1, 2004) (Ord. No. 01-16 , § 1, 1-26-2016) 5.20.100 ‐ Chapter exceptions.   The provisions of this Chapter shall not apply to the following: 120 (1) Any business, profession or occupation licensed under any other Town ordinance and paying a license fee to engage in such business, profession or occupation, other than sales tax licenses, nor to any business, profession or occupation paying another business license fee or tax to the Town. (2) Any business, profession or occupation which consists solely of delivering goods at wholesale to other businesses, professions or occupations within the Town. (3) Any business, profession or occupation solely conducted on property owned by the Town. ,Estes Valley Recreation and Parks District or Park R-3 School District.          (4)     Professional performing artists performing within the town, including, but not limited to musicians, bands, orchestras, comedians, actors and lecturers. (5) Any organization or entity that is formally recognized by the United States Internal Revenue Service, as having tax-exempt status (Ord. 1-91 §1(part), 1991; Ord. 19-91 §1(part), 1991; Ord. 15-97, 1997; Ord. 02-09 §12, 2009) (Ord. No. 01-16 , § 1, 1-26-2016)  5.20.110 ‐ Vacation homes and bed and breakfast inns.   This Section shall apply to vacation homes and bed and breakfast inns. (1) Restrictions on rentals. The rental, leasing or occupancy of all vacation homes and bed and breakfast inns subject to this Section shall be restricted as follows: a. Compliance with the applicable regulations found in the Estes Valley Development Code is required. b. The application for a business license for any vacation home or bed and breakfast inns shall designate a local resident or property manager of the Estes Valley who can be contacted by the Town with regard to any violation of the provisions of this Section. The person set forth on the application shall be the representative of the owner for all purposes with regard to the issuance of the business license, the operation of the vacation home or bed and breakfast inn and revocation of the business license pursuant to the terms and conditions of this Section. (2) Violation. It is a violation of this Section for any owner, representative, guest and/or occupant of a vacation home or bed and breakfast inn to be convicted, including a plea of no contest, of a violation of Section 9.08.010 (Disturbing the Peace) of this Code; to fail to collect and remit all required sales tax to the State due and owing for the leasing, rental or occupation of a vacation home or bed and breakfast inn; to violate any provisions of this Section; and/or to fail to acquire and pay for a business license. For the purpose of this Section, only violations of Section 9.08.010 of this Code which occur on the premises of the vacation home or bed and breakfast inn and while a vacation home or bed and breakfast inn is being occupied as a vacation home or bed and breakfast inn shall be a violation of this Section. (3) Revocation of license. The Town may revoke the business license of any vacation home or bed and breakfast inn for violation of the provisions of this Section as follows: a. The Town Clerk, upon the receipt and verification of any violation of this Section, shall give written notice to the owner or representative that a violation has occurred. b. Upon the receipt and verification of any subsequent violation of the terms and conditions of this Section, within two (2) years of the date of the written warning set forth in Subsection a above, the Town Clerk may revoke the business license by giving written notice to the 121 owner or representative of the revocation of the license. Said revocation shall be for one (1) year from the date of the notice. c. Upon the receipt and verification of any subsequent violation of the terms and conditions of this Section within two (2) years after reinstatement, the Town Clerk shall revoke the business license by giving written notice to the owner or representative of the revocation of the business license. Said revocation shall be for two (2) years from the date of the notice. Upon revocation of the business license, the owner's right to operate a vacation home or bed and breakfast inn on the property shall terminate. (4) Appeal. Any owner or representative who wishes to contest the written warning or the revocation of a business license shall be entitled to request a hearing before the Town Clerk by written notice delivered in person or by certified mail, return receipt requested, to the Town Clerk within fifteen (15) days of the date of the warning or revocation. The Town Clerk shall hold a hearing on the appeal and determine whether or not a violation of the provisions of this Section has occurred. The owner shall be entitled to present any evidence of compliance with the terms and conditions of this Section at said hearing. The decision of the Town Clerk as to whether or not the violation occurred shall be final and not subject to further appeal. (Ord. 4-04 §3, 2004; Ord. 02-10 §1, 2010) (Ord. No. 01-16 , § 1, 1-26-2016) 122 Business License Fee Short Term Vendor Home Occupation Late Fee Population Aurora 39.25 Basalt 35 Blackhawk 50 Blue River 50 -25 Buena Vista 20 ________________ 2600 Brookside 25 --____________ Cherry Hills Village 25 _________-- 6000 Crestone 40 25 150 Florence 50 -____________ Fountain 50 28,000 Foxfield -50 - ___________________ Grand Lake ----165 82.5 Hayden 25 Leadville -—--50 -,10 2600 Milliken 20 --_____________6000 Moffit 25 Mt.Crested Butte 100 ______ 900 Monument 75 —6000 30 700 Palisade 50 --25 Red Cliff 120 15 36 Severance 25 - Silt 50 - __________ Snowmass Village 85 -15 50 --- South Fork 20.5 - Wheat Ridge 20 - 4/10/2018 Town of Estes Park Mail - Zoning regarding schools near liquor establishments - from Johanna Darden https://mail.google.com/mail/u/0/?ui=2&ik=54517dd595&jsver=LcPASTiusm8.en.&view=pt&search=inbox&th=162ad4097197889c&siml=16241eba3eee078c&siml=16 Town Clerk <townclerk@estes.org> Zoning regarding schools near liquor establishments - from Johanna Darden 3 messages Bill J. Darden <bdarden@uchicago.edu>Mon, Mar 19, 2018 at 11:39 PM To: "bhull@estes.org" <bhull@estes.org>, "bleavitt@estes.org" <bleavitt@estes.org>, "dbaker@estes.org" <dbaker@estes.org>, "rfoster@estes.org" <rfoster@estes.org>, "rschneider@estes.org" <rschneider@estes.org>, "swhite@estes.org" <swhite@estes.org>, "smurphree@estes.org" <smurphree@estes.org> Cc: "townclerk@estes.org" <townclerk@estes.org> Dear Estes Valley Planning Commissioners, I understand that Eagle Rock School would like to be allowed to build housing for their staff that would be in an area not currently zoned for such purpose. I understand that you are considering passing legislation which would allow schools to be built in all zoned locations in the Estes Valley. I also understand that you will consider removing the distance between schools and venues that serve alcohol (restaurants, bars, etc.). I believe Eagle Rock School could be allowed to build housing at their existing property. This could be done as a special case. I do not believe there should be an overall change in zoning to allow schools to be built anywhere in the Estes Valley. What were the reasons the development code restricted establishments that serve alcohol to be the distance from schools that now exist? Are these reasons no longer pertinent, and would children be protected from possible harm if the restriction was removed? We say that we are a family friendly community. There has been a huge increase in the number of establishments obtaining liquor licenses and the number of events asking for permission to serve alcohol. Excessive alcohol consumption causing drunkenness has always been a problem, and removing restrictions on where and when alcohol can be served or brewed does not make one believe we care about our children or citizens for that matter. Substance abuse is a problem in our community. It affects drivers, cyclists and pedestrians. I have no objection to people who drink reasonably and who are in control of their emotions and ability to drive. I do object to the increase of establishments requesting liquor licenses and requests to serve alcohol at events. Please discuss the reasons for the distance between schools and alcohol establishments today and show why there be no need in future for this restriction to exist. Sincerely, Johanna Darden, Year-Round Resident of Estes Park 501 Mac Gregor Avenue Bill J. Darden <bdarden@uchicago.edu>Mon, Apr 9, 2018 at 12:38 PM To: "bhull@estes.org" <bhull@estes.org>, "bleavitt@estes.org" <bleavitt@estes.org>, "dbaker@estes.org" <dbaker@estes.org>, "rfoster@estes.org" <rfoster@estes.org>, "rschneider@estes.org" <rschneider@estes.org>, "swhite@estes.org" <swhite@estes.org>, "smurphree@estes.org" <smurphree@estes.org> Cc: "townclerk@estes.org" <townclerk@estes.org> April 9, 2018 4/10/2018 Town of Estes Park Mail - Zoning regarding schools near liquor establishments - from Johanna Darden https://mail.google.com/mail/u/0/?ui=2&ik=54517dd595&jsver=LcPASTiusm8.en.&view=pt&search=inbox&th=162ad4097197889c&siml=16241eba3eee078c&siml=16 To: Estes Valley Planning Commission From: Johanna Darden, 501 Mac Gregor Avenue, Estes Park, CO 80517 I attended your last meeting where the need of Eagle Rock School to build housing for their staff was considered. It was included with the desire to allow schools in all zoned areas and to do away with the restriction of a 500 foot distance between establishments that sold liquor and schools. At that meeting I asked that you find a way for Eagle Rock School to be able to build housing for staff, but to oppose the zoning which would have allowed schools in all zoned areas and to oppose doing away with the distance restriction of alcohol near schools. I was pleased to see that you, working with Larimer County, have found a way to include a law which would allow Eagle Rock School to build their housing under a special situation. I am proud that you listened to me and others and you as well about the problems that would occur if you had approved what was requested. I ask that you approve the building of special housing for Eagle Rock School. Below is my letter from the previous meeting so you will know why I objected to approval previously. From: Bill J. Darden Sent: Monday, March 19, 2018 11:39:41 PM To: bhull@estes.org; bleavitt@estes.org; dbaker@estes.org; rfoster@estes.org; rschneider@estes.org; swhite@estes.org; smurphree@estes.org Cc: townclerk@estes.org Subject: Zoning regarding schools near liquor establishments - from Johanna Darden [Quoted text hidden] Bill J. Darden <bdarden@uchicago.edu>Mon, Apr 9, 2018 at 7:51 PM To: "bhull@estes.org" <bhull@estes.org>, "bleavitt@estes.org" <bleavitt@estes.org>, "dbaker@estes.org" <dbaker@estes.org>, "rfoster@estes.org" <rfoster@estes.org>, "rschneider@estes.org" <rschneider@estes.org>, "swhite@estes.org" <swhite@estes.org>, "smurphree@estes.org" <smurphree@estes.org> Cc: "townclerk@estes.org" <townclerk@estes.org> April 9, 2018 Dear Larimer County Commissioners, At your meeting tomorrow (April 10,2018) please approve the action item to allow Eagle Rock School to build housing for their staff under a special situation at their school property. Please do not approve the action item carried over from your previous regular meeting requesting to allow all schools (public and non-public) in all zoning districts, and the request to remove the 500 foot distance between schools and establishments that serve alcohol. Sincerely, Johanna Darden, Year-Round Resident of Estes Park 501 Mac Gregor Avenue