Thursday, December 19, 2013


The town of Silver Plume is hiring for the position of Town Clerk.  This is an administrative position, 20 hr/week with regular office hours in the Silver Plume Town Hall.  Please submit a resume and cover letter to the town of Silver Plume by Friday, January 10th. 

 For a full job description Click Here  

 e-mail resume to: townofsilverplume@msn.com

 
mail or drop off resume to:
Town of Silver Plume
710 Main Street, PO Drawer F
Silver Plume, CO 80476

Wednesday, September 11, 2013



BOARD OF TRUSTEES MEETING

MONDAY, SEPTEMBER 23, 2013

CANCELLED DUE TO LACK OF QUORUM

Friday, September 6, 2013



TOWN OF SILVER PLUME

BOARD OF TRUSTEES

SEPTEMBER 9, 2013

7:00 P.M.

AGENDA

 

1 Call to Order  

 

2. Pledge of Allegiance 

 

3. Roll Call  

 

4. Bill Payment 

 

5. Motion to Approve Agenda  

 

6. Public Comment

 

7. Report of the Mayor 

  

8. Action Agenda          

            Amendment 64 – Draft Ordinance

            Consider Animal Control IGA with County

            Request to Replace Culvert Tregay St. – Letter from Susan Ballard

           

9. Informational Items    

            Progress 1041 Ordinance and Land Use Ordinance      

            XCEL Franchise Agreement

            COMCAST Franchise Agreement

            New Sewer Ordinance

            YTD Fiscal Report

            Committee reports 

            Staff reports 

 

10. Work Session

           

 11. Administrative Items --  

            Approval of minutes 08/26/13

 

12. Adjournment 

 

13. Executive Session 

 

This agenda is subject to change before the actual meeting date.  Should there not be a quorum at the meeting, action items will forward to the next meeting at which a quorum is present for consideration.  


Wednesday, August 28, 2013



OPEN HOUSE
SILVER PLUME FIRE STATION

FRIDAY, SEPTEMBER 13, 2013

7:00 P.M.

Hear about the Mill Levy Ballot Question for Silver Plume to remain in the Clear Creek Fire Authority. 

Enjoy a refreshment with other Town Citizens and chat about this important vote.

TOWN OF SILVER PLUME

BOARD OF TRUSTEES

RECORD OF PROCEEDINGS

JUNE 24, 2013

 

The Silver Plume Board of Trustees met on Monday, June 24, 2013, at its regularly scheduled meeting at the Small Town Hall.  Mayor Lyssy called the meeting to order at 7:02 p.m.

The following roll was recorded:

Fred Lyssy                 present

Earl Ballard            present

Jeff Best        present 

Curt Osborne               present

Eben Mond                  excused

Nicholas Regester       excused

Scott Shafer                present

 

Others present:   Joe Speth and staff Jodi Candlin.

 

BILLS PAYMENT

Ballard made a motion to approve the bills.  Osborne seconded and the motion passed unanimously.

 

 MOTION TO APPROVE AGENDA

Ballard made a motion to approve the agenda with the addition of Clear Creek County Fire Ban under Action Agenda.  Osborne seconded and the motion passed unanimously.

 

PUBLIC COMMENT

None.

 

REPORT OF THE MAYOR

Mayor Lyssy said that everything he was going to report on is already on the agenda so he will report under the appropriate agenda items.

 

 ACTION AGENDA 

 

SIGN AGREEMENT FOR PROFESSIONAL SERVICES, GMS, INC. � WW PROJECT PHASE II

This agreement concerns jetting and videotaping the sewer lines from Silver Plume to Georgetown.  This will not occur until September because the company that will be performing this operation is booked until then.  This grant request was prepared by GMS, Inc. and was approved by the town some months ago. 

 

 

Ballard made a motion to have Mayor Lyssy sign the GMS, Inc. Agreement for Professional Services for Phase II of the Wastewater Project.  Osborne seconded and the motion passed unanimously.

 

CLEAR CREEK COUNTY FIRE BAN

The Clear Creek County Sheriff has adopted a temporary fire ban for unincorporated lands.  Last summer several town residents were upset that Silver Plume adopted the county's fire ban and the board decided to research the fire ban wording thoroughly prior to making a decision.  The board will give the fire ban consideration and will discuss it further.

 

 INFORMATIONAL ITEMS  

 

DERELICT BUILDINGS � E. BALLARD

 

Joe Speth attended the meeting to discuss the derelict building right next to his building.  It is the old mortuary and appears to be beyond salvage.  The building is touching his and due to its poor condition, he is not able to get insurance on his building.  The building is owned by Carl Palmer and J. Speth believes it was condemned at one time but the property owner never responded.  E. Ballard discussed that there are several derelict buildings in town and that something needs to be done in order to protect the health, safety and welfare of the town.  Mayor Lyssy will contact the town's attorney to see what process the town needs to follow as well as the Clear Creek County Fire Marshall, Clear Creek County Environmental Health Officer and the town's building inspector.  The other derelict buildings in town include the building owned by Robert Acker located between Gebhard Buggel and John and Kelly Busenitz homes on Madison St., the log cabin owned by Carl Palmer next to the Jedele's house on Madison St. and the log cabin owned by the Rowe family on Cherokee St. that may possibly be on town property. 

 

PROGRESS 1041 ORDINANCE AND LAND USE ORDINANCE    

Both projects are still in the works and Clay Brown from DOLA has indicated that the purchase order is in process.  Mayor Lyssy has advised Rick Caldwell that the town has received grant money to proceed and he will reactivate his attorney's license; he and Barbara Green will be working on this together.  

 

XCEL FRANCHISE AGREEMENT

This agenda item is still in the review process between the town's attorney and XCEL's attorney.

 

COMCAST FRANCHISE AGREEMENT

The board will defer to Barbara Green and will sign the agreement upon her approval.

 

DISCUSSION ON SARAH FRANKLIN PATH OFFER

One of the board members let the rest of the board know that he had been contacted by Sarah Franklin who told him that she will not respond to the town but will open the path for the Melodrama performance on July 3, 2013 but after that, she will again padlock the gate and will not open it for any events that will take place at Large Town Hall.

           

MILL LEVY DISCUSSION RE: CLEAR CREEK FIRE AUTHORITY   

Mayor Lyssy wrote a letter regarding the mill levy for the town's payments to the Clear Creek Fire Authority and J. Candlin included it in the water and sewer bills.  C. Osborne has received visits and phone calls regarding this issue and the main objective has been that taxes are too high already and the town recently raised the water and sewer rates.  He has advised these folks to participate in the budgeting process to get a clear picture of the town's financial picture.  Mayor Lyssy is working on a handout for the meeting on July 15 and discussed that Fire Chief Kelly Babeon will be hosting an open house at the Silver Plume Firehouse to coincide closely with the town's meeting.

  

TRIPLE BYPASS BIKE RIDE � JULY 13 � JULY 14     

The Triple Bypass Bike Ride will be traveling through town utilizing the frontage road and bike path on July 13 and July 14.  It was discussed that the Slacker Race crew did an excellent job of cleaning up after their special event that utilized the frontage road and bike path.            

 

COMMITTEE REPORTS 

 

PARK

C. Osborne and his son have been taking care of the park, pavilion and bathrooms.  He planted a bunch of flowers in front of the pavilion which is very welcoming and beautiful and really spruces up the park.  He has been in conversations with Marty Gitlin about the old slide that was taken down some years ago and how it can possibly be brought up to code to reinstall it at the park at some point.  J. Candlin received information from CIRSA about slides and handed it off to him.  As an aside, he discussed that he is still working on CLG (certifying local government) and vehicle use tax.           

 

CLEAR CREEK FIRE AUTHORITY

None.

 

 I-70

The next meeting will be in July.

 

SEWER COMMITTEE

The next meeting will be held the end of June and will be for June and July.  E. Ballard has an idea about adjusting the EQR formula and will present this at the meeting.

 

DRCOG

The meeting will be this week.

 

STAFF REPORTS 

J. Candlin gave her staff report which included information on the process of the mill levy election in November, 2013, slide information and day to day operations of water and sewer payment input, preparation of the most recent board minutes and agenda, daily correspondence through phone calls, emails and visitors, annual paperwork audit with the town's CIRSA agent, meter readings and billings.  R. Gaubatz gave his report to Mayor Lyssy which included repairing the backhoe, his plan for working on the culvert on Tregay St., zinc testing and intrusion on Woodward and Hancock Streets and an unknown intrusion on Main St. where the sewer line was not replaced, possible winter testing of a snowplow for a company called SGS and changes he would like to see in the Sewer Ordinance.  He is not fighting fires right now until the state can work out their liability issues and hopes to be out on the fire lines soon.   

 

OTHER

 

WORK SESSION

None.

 

ADMINISTRATIVE ITEMS

 

APPROVAL OF MINUTES 5/27/13

Ballard made a motion to approve the minutes of May 27, 2013.  Osborne seconded and the motion passed unanimously.

 

ADJOURNMENT

The meeting adjourned at 8:45 p.m.

 

Respectfully submitted:   

Jodi Candlin, Town Clerk


TOWN OF SILVER PLUME

BOARD OF TRUSTEES

RECORD OF PROCEEDINGS

JULY 8, 2013

 

The Silver Plume Board of Trustees met on Monday, July 8, 2013, at its regularly scheduled meeting at the Small Town Hall.  Mayor Lyssy called the meeting to order at 7:00 p.m.

The following roll was recorded:

Fred Lyssy                 present

Earl Ballard            present

Jeff Best        present 

Curt Osborne               excused

Eben Mond                  excused

Nicholas Regester       present

Scott Shafer                present

 

A discussion was held regarding absences/excuses and the need to balance both.

 

Others present:  Staff Jodi Candlin.

 

BILLS PAYMENT

Ballard made a motion to approve the bills.  Best seconded and the motion passed unanimously.

 

 MOTION TO APPROVE AGENDA

Shafer made a motion to drop Agenda Item 7; consider adopting county fire ban. 

Motion died for lack of a second.

 

PUBLIC COMMENT

None.

 

REPORT OF THE MAYOR

Mayor Lyssy reported that he had spoken to the CDOT planner who is working with the town on the bike path barriers on the Eastbound I-70 entrance ramp; the price of the project exceeds their threshold and requires the project to be put out for bid.  CDOT does not want to do this so they are still working on options. Mayor Lyssy received an email from someone who is interested in buying the Bailey properties above the train. The email asked questions about the property and what would be allowed.  Mayor Lyssy will respond to him.  By October 1, 2013, the town needs to decide how to handle Amendment 64. 

 

ACTION AGENDA 

 

CONSIDER ADOPTING COUNTY FIRE BAN

The Clear Creek County Sheriff has adopted a Stage 2 Fire Ban that supersedes the Stage 1 Fire Ban that was previously adopted.  S. Shafer discussed that there has been lots of recent rain; monsoon season has started which will bring more rain and there are usually not forest fires above 5000' due to lack of oxygen and wet wood. 

Regester made a motion to enact the Clear Creek County Stage 1 Fire Ban per county restrictions.  Ballard seconded, Shafer abstained and the motion passed.

 

 INFORMATIONAL ITEMS  

 

DERELICT BUILDINGS

Mayor Lyssy has contacted the town attorney and researched on how to proceed with derelict buildings in town.  The town will contact the property owners and tell them to fix their property, if there is no response from them, the town can go before a judge and who will have the property declared a public nuisance.  From there, the property can be demolished or fixed at the owner's expense.  Mayor Lyssy and John Fitzgerald, Silver Plume Building Inspector, met last week about the mortuary owned by Carl Palmer.  A letter was developed by them and then mailed out certified mail today.  The owner has until September 1, 2013 to fix the building.  The board discussed that rather than demolish the building, they would rather try to stabilize and make it safe.   J. Best presented a notebook of old town photos that shows buildings that are no longer standing.  It was discussed that the State Historical Society should be contacted to see if there are grant opportunities for this building.  N. Regester discussed what consequences there might be to a new owner after condemning the building; what would that mean to them and to the town?  The board then discussed the building that is believed to be owned by the Fred Rowe Estate; there is no confirmation of ownership so the board will send a letter to the estate asking if they own it and if so, to fix it and move it onto their land.  The next derelict building discussed was the one owned by Robert Acker located between Gebhard Buggel's house and Kelly and John Busenitz'. Mayor Lyssy drafted a letter to him which addressed fire hazards, safety and welfare and will mail it certified. 

 

1041 ORDINANCE

Mayor Lyssy and Rick Caldwell will meet with Barbara Green this Friday regarding this agenda item.  R. Caldwell has renewed his license and will be working closely with Barbara Green. 

 

XCEL FRANCHISE AGREEMENT

This agenda item is still in the review process between the town's attorney and XCEL's attorney.

 

COMCAST FRANCHISE AGREEMENT

COMCAST has changes and sent it directly to Barbara Green.  In the meantime, they sent a letter to the town discussing that they want to successfully conclude the franchise agreement.  Mayor Lyssy asked J. Candlin to respond to their letter in kind.

           

MILL LEVY DISCUSSION RE: CLEAR CREEK FIRE AUTHORITY   

Mayor Lyssy and N. Regester met earlier this evening to plan the discussion at next week's town meeting.  There will be the introduction, need, IGA information, the recent fires in Colorado, tax breakdown discussion and the options.  It is believed that Clear Creek County Fire Chief Kelly Babeon will be holding an open house at the Silver Plume Firehouse in conjunction with the town's meeting.

  

COMMITTEE REPORTS 

 

PARK

The park looks great thanks to C. Osborne and his son, Greg, Harry Heilmann and other's who are helping.  The 4th of July Ice Cream Social was well attended and many nice comments were made about the pavilion.

 

CLEAR CREEK FIRE AUTHORITY

N. Regester will attend the meeting next week. 

 

I-70

N. Regester will attend the meeting next week. 

 

SEWER COMMITTEE

E. Ballard attended the meeting the last week in June and for the 4th meeting in a row there was not a quorum so no official business could be performed.  Discussion was held regarding the restaurants EQR system and how to make it fair and equitable for everyone. 

 

DRCOG

The meeting will be this week.

 

UCCWA

The meeting will be this week.

 

STAFF REPORTS 

R. Gaubatz got the backhoe fixed, he graded the streets and did a great job and has been working on the culvert on Tregay St.  The groundwater is only about a foot below the street so it might be awhile before he can finish this project.  J. Candlin has been doing her day to day work; water and sewer billings, payments, minutes, agendas, daily email and phone correspondence, etc.  She also mentioned that Ann Jedele has been taking wonderful care of the garden outside Small Town Hall, Stormy Culp used his Bobcat to smooth out the piles of dirt in the garden and moved a large rock, Ted Holmes swept the sidewalk in front of Small Town Hall and washed the windows and Johnny Sanford mowed the grass between the Bandstand and Small Town Hall and wanted to let the board know about their volunteer service.

 

OTHER

The town birthday and People for Silver Plume meeting will be held on August 18 instead of August 19.  E. Ballard is requesting the use of the county chipper to do cemetery and town clean up.

 

WORK SESSION

None.

 

ADMINISTRATIVE ITEMS

 

APPROVAL OF MINUTES 6/24/13

Ballard made a motion to approve the minutes of June 24, 2013.  Best seconded, Regester abstained and the motion passed.

 

ADJOURNMENT

The meeting adjourned at 9:01 p.m.

 

Respectfully submitted:   

Jodi Candlin, Town Clerk


TOWN OF SILVER PLUME

BOARD OF TRUSTEES

RECORD OF PROCEEDINGS

JULY 22, 2013

 

The Silver Plume Board of Trustees met on Monday, July 22, 2013, at its regularly scheduled meeting at the Small Town Hall.  Mayor Lyssy called the meeting to order at 7:25 p.m.

The following roll was recorded:

Fred Lyssy                 present

Earl Ballard            present

Jeff Best        present 

Curt Osborne               present

Eben Mond                  excused

Nicholas Regester       excused

Scott Shafer                excused

 

Others present:  Charles Schwab and Staff Jodi Candlin.

 

BILLS PAYMENT

Ballard made a motion to approve the bills.  Osborne seconded and the motion passed unanimously.

 

 MOTION TO APPROVE AGENDA

Ballard made a motion to approve the agenda with the addition of Lifting Stage 1 Fire Ban.  Osborne seconded and the motion passed unanimously.

 

PUBLIC COMMENT

None.

 

REPORT OF THE MAYOR

Mayor Lyssy reported that he had sent letters to three property owners regarding their property; Kevin Rowe, Carl Palmer and Robert Acker.  The town has only received confirmation from C. Palmer that he had received his letter and Kevin Rowe's wife, Debbie, spoke to Mayor Lyssy about their letter.  The Rowe's will move their building onto their property as soon as they can.  Mayor Lyssy also reported that he had answered an email from someone interested in purchasing the Bailey property at 330 and 340 S. Charles St. regarding the town's requirements.  He also contacted the state about historic buildings in town regarding grants but the property owner must apply, not the town.  Everything else he will report on is already on the agenda. 

 

ACTION AGENDA 

 

ADD BALLOT QUESTION RE: SILVER PLUME MILL LEVY/CLEAR CREEK FIRE AUTHORITY    

Ballard made a motion to direct Mayor Lyssy to inform the Clear Creek County Clerk and Recorder that the Town of Silver Plume wishes to have a 4.569 mill levy increase on the ballot in November, 2013.  Best seconded and the motion passed unanimously.

 

Discussion followed that this mill levy should be dedicated and not mixed in with the general fund so as not to be used for general expenses.

 

LIFT STAGE ONE FIRE BAN

Osborne made a motion to rescind Stage One Fire Ban adopted by reference on July 8, 2013 in conformance with Clear Creek County Lifting Stage One.  Best seconded, Ballard abstained and the motion passed.

 

 INFORMATIONAL ITEMS  

 

1041 ORDINANCE AND LAND USE

Mayor Lyssy and Rick Caldwell met with town attorney Barbara Green and she will draft the 1041 Ordinance and focus on interchanges and access to the highway.  The town has received a $16,000 grant from DOLA and will have to contribute $1,000 for the Land Use Ordinance.  The existing ordinance will be used but will be rearranged to flow better, deficiencies will be added to and there will be more specific language.  Barbara Green will work on both ordinances and will then turn them over to Rick Caldwell for the majority of the work.  R. Caldwell will charge the town one hour of his time at $250 per hour and will then do the rest of the work pro-bono.  Further, Ordinance 209 which concerns the Planning Commission will be rescinded and the Planning Commission and the Zoning Board will be combined into one body.  The Board of Adjustment and Appeals has not fully been decided yet but it is possible that the Board of Trustees would convene as that board.  The boards' goal is to finish both of these ordinances by the end of the year. 

 

 XCEL FRANCHISE AGREEMENT

This agenda item is still in the review process between the town's attorney and XCEL's attorney.

 

COMCAST FRANCHISE AGREEMENT

This agenda item is still in the review process between the town's attorney and COMCAST"S contact.

 

COMMITTEE REPORTS 

 

PARK

None.

 

CLEAR CREEK FIRE AUTHORITY

None.

 

I-70

None.

 

SEWER COMMITTEE

E. Ballard will check with Georgetown about their supposed rate increase.

 

DRCOG

The meeting will be this week.

 

UCCWA

Mayor Lyssy reported that UCCWA is redoing its watershed plan but the plan does not include lower Clear Creek in Jeffco and Denver.  UCCWA is encouraging watershed project "wish lists" and it was discussed that the drainage from the Diamond Tunnel that runs down Silver St. has a high influx of zinc and should be identified as a source point of pollution.  The Ashby Tunnel that drains into Scott Shafer's backyard could also be included. 

 

CCEDC

Economic Development is working on a targeted industry study; what's working in the county, what strengths need to be played up and what voids need to be filled.  CCEDC approved three grants; $5,000 to Georgetown Conservation for the old schoolhouse that will be turned into a heritage center with a cultural arts program with folk art and performances; $1,000 to the Clear Creek Watershed Festival that is held each September and $3,000 to the Town of Georgetown for the re-creation of the 60th Anniversary Hill Climb over Guanella Pass.  CCEDC also approved a resolution to develop alternative energy in Clear Creek County.  The county will be the first to develop alternative power and this will bring an economic boom to the county with their construction project.  The BOCC and the school district are working on affordable housing to attract school district employees and to keep them in the county by offering money to employees to buy or renovate homes. 

 

STAFF REPORTS 

J. Candlin has done her day to day duties and in addition will be meeting with a French production crew to let them into the jail to film their documentary about Calamity Jane.  The board asked her to see if the town could be compensated in some way and to find out if there will be any pyrotechnics involved.  She also arranged for a water line locate for Stormy Culp's property for his proposed project regarding a car testing facility and had all of the town's fire extinguishers inspected and serviced by a new company that has better prices than CINTAS.  R. Gaubatz has been working on maintenance upkeep and asked Mayor Lyssy if the town could include a mill levy increase for Road and Bridge for new equipment.  At this time the town will only put the Clear Creek Fire Authority mill levy increase on the ballot.  E. Ballard said that effort needs to be made to get decent equipment once the infrastructure is in good shape.  R. Gaubatz and John Volk worked on the infiltration gallery at the water plant and on the filters.  R. Gaubatz left to fight fires in Montana the previous week and should be back in 2 weeks. 

 

WORK SESSION

None.

 

ADMINISTRATIVE ITEMS

 

APPROVAL OF MINUTES 7/8/13

Ballard made a motion to approve the minutes of July 8, 2013.  Best seconded and the motion passed unanimously.

 

ADJOURNMENT

The meeting adjourned at 8:45 p.m.

 

 

Respectfully submitted:   

Jodi Candlin, Town Clerk


TOWN OF SILVER PLUME

BOARD OF TRUSTEES

RECORD OF PROCEEDINGS

AUGUST 12, 2013

 

The Silver Plume Board of Trustees met on Monday, August 12, 2013, at its regularly scheduled meeting at the Small Town Hall.  Mayor Lyssy called the meeting to order at 7: 02 p.m.

The following roll was recorded:

Fred Lyssy                 present

Earl Ballard            present

Jeff Best        excused

Curt Osborne               present

Eben Mond                  excused

Nicholas Regester       present

Scott Shafer                present

 

Others present:  Judy Caldwell, Jerr and Monica Truer, Ted Parker, Craig Abrahamson, Stormy Culp and Staff Rick Gaubatz.

 

BILLS PAYMENT

Ballard made a motion to approve the bills.  Regester seconded, Osborne abstained and the motion passed.

 

 MOTION TO APPROVE AGENDA

Osborne made a motion to approve the agenda with the addition of Sewer Ordinance Revisions under Informational Items.  Regester seconded and the motion passed unanimously.

 

PUBLIC COMMENT

Judy Caldwell let the board know that the State Historic Fund grant for the George Rowe Museum was approved and that P.F.S.P. will be supplying matching grant money as well.  She thanked the board for their letters of support and let the board know that Jodi Candlin is supplying insurance information required by grant.  She will be back before the board again once the contract is finalized; bids will be advertised and the work should begin sometime next spring.  She commended the appearance of the park and pavilion and thanked C. Osborne for his great work at the park this summer.  The board commended J. Caldwell for her work on the grant.  Jerr and Monica Truer, new homeowners, appeared before the board to talk about an unknown dog attacking their leashed dog, Dingo, while J. Truer was walking him late Saturday night.  Bingo has extensive damage to his leg and may lose it as a result of the attack.  M. Truer wondered if there is a leash law and discussed that she has seen many dogs running at large and worries that a tourist or child may be attacked.  Their biggest concern is that this dog was very aggressive and that dog owners need to be responsible for their animals.  The Truer's called the county animal control officer but without being able to identify the dog, there is nothing the county can do.  The board discussed leash laws/under control dogs.  Mayor Lyssy said that next time the board sends out a newsletter, he will include information about responsibility of dog owners. 

 

REPORT OF THE MAYOR

Mayor Lyssy reported that he had to sign an audit extension letter and asked J. Candlin to let the auditor know that they were expecting the audit in a timely fashion this year.  Mayor Lyssy wrote a formal letter to the county clerk letting her know that Silver Plume is pursuing a mill levy increase for the fire authority municipal revenue payments to be put on the ballot this November in conjunction with a coordinated election between the town and the county. Mayor Lyssy has been involved in numerous phone calls regarding the Frey/Waddington property dispute.  W. Waddington had a property survey done to show his property lines and has also posted private property signs.  Mayor Lyssy told him this was a neighbor dispute and the town would not get involved.  W. Waddington let Mayor Lyssy know that the town would be getting a carbon copy of a letter that his attorney is sending to the Frey's so the town can stay in the loop although this is a neighbor dispute.  Discussion of town owned property then ensued and that there are several examples of encroachment.  E. Ballard asked if the dilapidated Rowe house is on town property or their property and it appears it is on town property.  E. Ballard discussed that he and Ted Parker will be picking up the county chipper the weekend of the 23rd to chip the slash in the cemetery and clean up excess vegetation.  This will produce lots of mulch and E. Ballard suggested depositing it on town property for residents' use; perhaps on the property where R. Gaubatz has soil stored on Cherokee St. that then turns into Silver St.  The chipper might also be used to chip slash around town for fire hazard mitigation and beautification.  This week Mayor Lyssy will be attending the mayors/commissioners meeting and will be discussing that the town is putting the mill levy issue on the November ballot.

 

ACTION AGENDA 

 

REVIEW THE DRAFT LANGUAGE FOR VACATION AND DEDICATION OF RIGHT-OF-WAY ON BURLEIGH STREET � STORMY CULP/CRAIG ABRAHAMSON

Craig Abrahamson appeared before the board to discuss this agenda item.  In the process of presenting a 3600 sq. ft. facility to test cars in the mining district at the west end of town located on property owned by Stormy Culp (this is currently being done in the tractor trailers on Stormy Culp's property on the west end of town) to the Board of Adjustment and Appeals, it was discovered that the town's water main line is not on Burleigh St. but located on a portion of the Burleigh Millsite instead.  It works well for all parties involved to move Burleigh St. to where the water line is located now and dedicate right-of-way and remove the current right-of-way to continue to provide a continuous thoroughfare for utilities into the future and at the same time makes this piece of property more usable.  C. Abrahamson has prepared the proper documents which also shows that the town is getting slightly more property than the property owner.   C. Osborne asked about the metes and bounds description of the property and language from a previous template that he does not see in this document.  The template was written by Barbara Green for the transfer station project and in the interest of saving money and time, C. Abrahamson used this template.  Any language that is not included in this document can be included and by the same token, language that need not be included can be deleted.  C. Osborne asked if any other entity such as CDOT would have any interest/input in this project but this is out of CDOT's jurisdiction.  Rick Gaubatz' requirement has been met and that is that the town has access to the water line. 

 

INTRODUCTION OF NEW ROAD ORDINANCE 328 - STORMY CULP/CRAIG ABRAHAMSON

The first reading of the ordinance was held and a second reading will be held before it can be officially adopted.  J. Candlin will publish the appropriate public notice per the town's ordinance adoption procedures. 

 

SIGN IGA WITH CLEAR CREEK COUNTY RE: MILL LEVY/CLEAR CREEK FIRE AUTHORITY/ADD TO BALLOT

This is a boilerplate IGA and Mayor Lyssy discussed that the board may need more time to act and perhaps have it reviewed by the town attorney.  The board decided to accept the IGA tonight, review it further before acting and seek the town attorney's review and approval prior to signing it. 

 

AMENDMENT 64 � CONSTITUTIONALLY-MANDATED ORDINANCE REQUIREMENT

The town has the option to either issue a moratorium or ordinance to regulate Amendment 64.  The town is in a unique position in that it has no police force to enforce an ordinance related to Amendment 64.  E. Ballard discussed that the town should have an ordinance to prohibit growth or sale within town.  R. Gaubatz suggested implementing a moratorium with an end date.  A ban would not serve the town well so a moratorium seems like the best course to take.  Discharge from growing marijuana commercially should not be put into the sewer system because the EPA is now looking at pharmaceuticals in water/sewer systems.  For the next meeting, an ordinance will be put on the agenda and should include language regarding commercial growth. 

 

REQUEST/COMPLAINT RE: MAIN ST. STORAGE YARD � GEORGE WEGRICH

George Wegrich sent an email request to the board regarding what he termed a storage yard owned by Gary Regester.  Mayor Lyssy forwarded the email to G. Regester and asked for his input.  G. Regester would like the following read into the minutes:

 

We, as current owners of the two lots in question, have been continuously removing materials placed there by the former owners, George Rowe, his son Fred Rowe and Pat Pickering since we purchased the property from the estate of Pat Pickering in about 1992. Curiously, George Wegrich is the son-in-law of Fred Rowe, one of the previous owners of these two lots.  It is thought that George Rowe began storing items on this property in the 1950s.  Let me first discuss the questions that are raised in Mr. Wegrich's email, point by point and then follow with some personal observations.   


We are not now, nor have ever been dumping, storing, burying, reducing, disposing of or burning garbage, refuse, scrap metal, rubbish, offal, or dead animals with the possible exception of what we, but not the previous owners, considered to be scrap metal (see below).   


We have no paper.  I don't know how grass comes into the purview of this ordinance - it may be a typo.  Also, I do understand the word "rage" in the context of these emails, but also, not in the ordinance - again the writer may mean "rags" which we do not have.   

We have no items stored which we are storing for salvage defined as "items stored for some uncertain future use".  We do let the neighbor store firewood and lumber which is cut for firewood which is fairly normal across the mountain municipalities.   

All cars are running, licensed and insured with the exception of the Corvair which I do not own and would press the owner to remove if needed.   

The boat and camping trailer are licensed, insured and operational.   

We have been talking about parking our 34ft motorhome and our 32ft Thomas bus on these two lots - if that would be preferred- both are licensed, insured, and running.   

We believed we and our neighbors have removed at least 80% of the scrap metal, paints, glass, dead car and debris left by the previous owners, that is, left by Pat Pickering, Fred Rowe and his father, Mayor George Rowe.

The board did not analyze or discuss which, if any, town ordinances are being violated by property owners in town.  This property has been gradually cleaned up and per Nick Regester is currently being cleaned up in order to move a motor home and bus onto it so that the tenants can have a backyard and bar-b-que area in the back of their house where the bus and motor home are parked now. 

 

The Board did not take any action on this matter so that they could consider both sides of this dispute and personally inspect/review the property.  The matter will be addressed at a future board meeting.

 

OTHER

It was discussed that some people are renting out rooms and not paying the commercial rate for water and sewer.  This creates all sorts of unexpected consequences such as parking.  It was brought up that the train expanded their bathrooms without approval from the town and now they appear to be using port-o-potties.  E. Ballard is most familiar with the EQR system so will get with J. Candlin to do an audit.

 

REQUEST FROM CLEAR CREEK COUNTY VETERAN'S COALITION TO PLACE VETERAN'S MEMORIAL IN TOWN

The board will accept a plaque from the Veteran's Coalition but will have it placed on the piece of Silver Plume Granite that is already outside of Small Town Hall instead of accepting a rock from the Twin Tunnels project.  Silver Plume Granite is rumored to be used as the foundation at the State Capital as well as part of the foundation of the Washington Memorial.  Silver Plume Granite is the densest, hardest granite on the planet and the town is very proud of it.  The board will ask them to place the plaque as well.

 

 INFORMATIONAL ITEMS  

 

1041 ORDINANCE AND LAND USE

No update.

 

 XCEL FRANCHISE AGREEMENT

Preston Gibson sent an email to the board regarding dates for public hearings for adoption of the franchise agreement.  Mayor Lyssy sent an email back correcting his dates as he had them on Tuesday nights.

 

COMCAST FRANCHISE AGREEMENT

This agenda item is still in the review process between the town's attorney and COMCAST"S contact.

 

COMMITTEE REPORTS

 

PARK

None.

 

CLEAR CREEK FIRE AUTHORITY

None.

 

I-70

None.

 

SEWER COMMITTEE

The committee will meet this week.

 

 DRCOG

None.

 

UCCWA

None.

 

CCEDC

None.

 

CCFA

The meeting will be this week but N. Regester most likely will not be able to attend due to work obligations. 

 

SEWER ORDINANCE REVISIONS

There is nothing in the sewer ordinance discussing sump pumps and how this water cannot be discharged into the sewer system; commercial floor drains or daylighting their sewer line, there is nothing that says that after the sewer line is tv'd and it shows a broken sewer line, the town has the authority to enforce the line be fixed by the property owner.  CIRSA has model ordinances but they relate to precluding problems for the town

 

STAFF REPORTS 

R. Gaubatz will be working on the culvert on Tregay St. but is having problems locating the proper pipe as his normal suppliers have gone out of business.  He would like E. Ballard to discuss port-o-potties at the next Sewer Committee meeting and ask if they are approved for full time use and maybe add language that they can only be approved for

special events.  R. Gaubatz brought up that the train has a cafĂ© outside the depot now but Mayor Lyssy said they contacted the town last winter about this so the town is aware of this.  He also talked about the dinner trains having no bathroom facilities on board and if this is acceptable.  Certificates of Occupancy need to be issued for certain buildings in town that the owners are not doing anything with as far as fixing or occupying.  Some buildings should be condemned because they are moldering and rotting and are located in a National Historic District.  Derelict building could also be harboring dangers that are unknown.  R. Gaubatz discussed fire lanes on Woodward and Willis Streets due to residents parking on the streets. 

 

WORK SESSION

None.

 

ADMINISTRATIVE ITEMS

 

APPROVAL OF MINUTES 7/22/13

Osborne made a motion to approve the minutes of July 22, 2013.  Ballard seconded, Regester abstained and the motion passed. 

 

ADJOURNMENT

The meeting adjourned at 10:00 p.m.

 

 

Respectfully submitted:   

Jodi Candlin, Town Clerk



Sunday, August 25, 2013



TOWN OF SILVER PLUME

BOARD OF TRUSTEES

AUGUST 26, 2013

7:00 P.M.

AGENDA

 

1 Call to Order    

 

2. Roll Call  

 

3. Bill Payment 

 

4. Motion to Approve Agenda  

 

5. Public Comment

 

6. Report of the Mayor 

  

7. Action Agenda   

            Public hearing regarding approval of Ordinance 328, an Ordinance of the Town of         Silver Plume, Colorado, for Vacation and Dedication of Right-of-Way of Burleigh Street

            Ordinance 329 – Fire Authority Ballot Language Approval

            Sign IGA with Clear Creek County re: Mill Levy/Clear Creek Fire Authority/Add to Ballot

            Amendment 64 – Draft Ordinance

            Amend Sewer Ordinance 313

           

8. Informational Items    

            Progress 1041 Ordinance and Land Use Ordinance      

            XCEL Franchise Agreement

            COMCAST Franchise Agreement

            Committee reports 

            Staff reports 

            George Wegrich's concerns re: junk yard on Main St./dumpster. - Silver Plume Preservation, INC.

 

9. Work Session

           

 10. Administrative Items --  

            Approval of minutes 08/12/13

 

11. Adjournment  

This agenda is subject to change before the actual meeting date.  Should there not be a quorum at the meeting, action items will forward to the next meeting at which a quorum is present for consideration.  


Friday, August 23, 2013


TOWN OF SILVER PLUME

BOARD OF TRUSTEES

AUGUST 26, 2013

7:00 P.M.

AGENDA

 

1 Call to Order    

 

2. Roll Call  

 

3. Bill Payment 

 

4. Motion to Approve Agenda  

 

5. Public Comment

 

6. Report of the Mayor 

  

7. Action Agenda   

            Public hearing regarding approval of Ordinance 328, an Ordinance of the Town of         Silver Plume, Colorado, for Vacation and Dedication of Right-of-Way of Burleigh Street

            Ordinance 329 – Fire Authority Ballot Language Approval

            Sign IGA with Clear Creek County re: Mill Levy/Clear Creek Fire Authority/Add to Ballot

            Amendment 64 – Draft Ordinance

           

8. Informational Items    

            Progress 1041 Ordinance and Land Use Ordinance      

            XCEL Franchise Agreement

            COMCAST Franchise Agreement

            Committee reports 

            Staff reports 

            George Wegrich's concerns re: junk yard on Main St./dumpster. - Silver Plume Preservation, INC.

 

9. Work Session

           

 10. Administrative Items --  

            Approval of minutes 08/12/13

 

11. Adjournment 

 

This agenda is subject to change before the actual meeting date.  Should there not be a quorum at the meeting, action items will forward to the next meeting at which a quorum is present for consideration.  



Saturday, August 10, 2013

TOWN OF SILVER PLUME
  • BOARD OF TRUSTEES

  • AUGUST 12, 2013
  • 7:00 P.M.

    AGENDA

 

1 Call to Order    

 

2. Roll Call  

 

3. Bill Payment 

 

4. Motion to Approve Agenda  

 

5. Public Comment

 

6. Report of the Mayor 

  

7. Action Agenda   

 

            Review the draft language for Vacation and Dedication of Right-of-Way on western end of Main Street – Stormy Culp/Craig Abrahamson

            Introduction of new Road Ordinance 328 - Stormy Culp/Craig Abrahamson

            Sign IGA with Clear Creek County re: Mill Levy/Clear Creek Fire Authority/Add to Ballot

            Amendment 64 – Constitutionally-mandated ordinance requirement

Request/complaint re: Main St. storage yard – George Wegrich

Request from Clear Creek County Veteran's Coalition to place veteran's memorial in town

           

8. Informational Items    

            Progress 1041 Ordinance and Land Use Ordinance      

            XCEL Franchise Agreement 
            COMCAST Franchise Agreement

            Committee reports 

            Staff reports 

 

9. Work Session

           

 10. Administrative Items --  

            Approval of minutes 07/22/13

 

11. Adjournment

 

 

This agenda is subject to change before the actual meeting date.  Should there not be a quorum at the meeting, action items will forward to the next meeting at which a quorum is present for consideration.  

 




Tuesday, July 23, 2013



                          ORDINANCE 201 AMENDED

 

 

AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING REGULATIONS FOR THE TOWN OF SILVER PLUME, COLORADO: PROVIDING FOR THE ADMINISTRATION, ENFORCEMENT AND AMENDMENT THEREOF IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE 31, CHAPTER 23 OF       THE REVISED STATUTES AND AMENDMENTS THERETO.

 

 

 

Preamble:

 

WHEREAS, Title 31, Article 23 of the Colorado Revised Statutes and amendments thereto empowers the Town to amend, supplement, change, modify or repeal its comprehensive zoning ordinance; and

 

WHEREAS, the Board of Trustees of the Town deems it necessary to amend the existing zoning ordinance in order to further promote the public health, safety, morals or general welfare of the Town; and

 

WHEREAS. the Board of Trustees of the Town has given due public notice of the hearing relating to the amendments of the existing comprehensive zoning ordinance; and

 

WHEREAS, all the requirements of Title 31, Article 23, of the Colorado Revised Statutes and amendments thereto with regard to the amendments of the existing comprehensive zoning ordinance have been met.

 

NOW, THEREFORE be it ordained by the Board of Trustees of the Town of Silver Plume, Colorado:

 

SECTION 1.  PURPOSE:  For the purpose of promoting the public health, safety, morals or general welfare of the community, the Board of Trustees of the Town of Silver Plume, Colorado, deems it necessary to amend its existing comprehensive zoning ordinance to lessen congestion in the streets, to secure safety from fire, flood waters, panic and other dangers; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provisions of transportation, water, sewage, schools, parks and other public requirements and to promote and preserve the historical and architectural integrity and the rural mining district character and environment of the community.

 

SECTION 2.  GENERAL:  The provisions of this ordinance shall not be deemed or construed to repeal, amend, modify, alter or change any other ordinance or any parts thereof, not specifically repealed, amended, modified, altered or changed therein, except in such particulars or manners as this ordinance is more restrictive than such other ordinances or parts thereof, and in all particulars wherein this ordinance is not more restrictive, such other ordinance shall continue and shall be in ORDINANCE 201 AMENDED

PAGE 2

 

full force and effect.


 

SECTION 3.  DEFINITIONS:  For the purposes of this ordinance, the following definitions shall be applicable:

 

A.  Person shall mean any natural person, corporation, association, partnership, receiver, trustee, executor, administrator, guardian, fiduciary, or other representative of any kind.

 

B.  Construction, to construct or construct shall mean the construction, moving, demolition, alteration or remodeling of the exterior of any structure.  Major construction shall mean any or all changes in the framing or foundation of the structure.  Minor construction shall mean any construction that does not change the framing or foundation of the structure.

 

C.  Gross floor area (gfa) shall mean the total area in square feet of all floors of a building measured from exterior walls.

 

D.  Accessory building or use shall mean the use of land or a subordinate building or portion of a main building, such use or building being secondary to or incidental to the principle use or structure.

 

E.  Parking space shall mean an off street parking location(s) which shall be at least twenty (20) feet in length and eight(8) feet in width.  If parking space is covered, there shall be provided at least seven (7) feet in height.

 

F.  Flood plain shall mean a relatively flat or low land area adjoining a river, stream watercourse, lake or other body of standing water, which has been or may be covered temporarily by flood waters.  The flood plain for the Town of Silver Plume is defined as that area which has been identified as a special flood hazard by the Department of Housing and Urban Development, Federal Insurance Administration.  A copy of the flood hazard boundary map, dated effective December 13, 1974, is on file in the Town Clerk's office.

 

G.  Family shall mean any individual, two or more persons related by blood or marriage, or a group of not more than five (5) unrelated persons living together in a dwelling unit and maintaining a common household.

 

H.  Hotel shall mean a building containing sleeping rooms designed to be rented for short term occupancy, which building may or may not provide eating facilities and alcoholic beverages for sale as an accessory use.

 

I.  Motel shall mean a building or group of buildings containing individual rooms for sleeping or living, designed and used for temporary rental occupancy and with automobile parking space adjacent or near each rental unit.

 


ORDINANCE 201 AMENDED

PAGE 3

 

J.  Sign shall mean any structure, poster, banner, insignia, billboard, trademark or other device used to indicate directions, advertise, announce or attract attention, except that flags and banners of any county, state, city or non-profit organization shall not be included.

 

K.  Motor vehicle shall mean every vehicle which is self propelled; and every vehicle which is not driven or propelled by its own power, but which is designed either to and become a part of, or to be drawn by a self-propelled vehicle.

 

L.  Unit shall mean a dwelling intended for the use of a single family.

 

SECTION 4  DISTRICTS:  For the purpose of carrying out the provisions of this

ordinance the incorporated area of the Town of Silver Plume, Colorado is divided into the following districts

A.  Residential, which shall be designated as R districts.

 

B.  Business and Commercial, which shall be designated as B districts.

 

C.  Mining, which shall be designated as M districts.

 

D.  Planned Development, which shall be designated as PD districts and which shall be created as provided in Section 13.

 

SECTION 5.  PERMITTED USES, OFF STREET PARKING REQUIREMENTS AND SPECIAL REVIEW USES:

 

A.  The following uses and no other shall be permitted in any R districts:

 

1.  Single or multiple family dwellings intended to provide shelter for two (2) families and which produce a density of less than nine (9) units per acre, and buildings accessory thereto but excluding tents, trailer coaches, mobile homes and any and all buildings constructed either on the premises intended for their use or elsewhere, or which have been or may be transported or moved either as a single unit or in sections along the public highways than one such structure thereon, such excluded use shall not be continued for more than six (6) months, and shall be preceded by a letter to the Zoning Board informing them of the intended use and the starting date.

 

(a)  The minimum usable floor space of any residential living unit shall be at least 500 square feet.

 

(b)  Within any R district sanitary sewer facilities shall be provided within each residential living unit.

 

2.  Church, school, college, university, public library, community center, fire station,

ORDINANCE 201 AMENDED

PAGE 4

 

township hall, public-owned parks, public-owned playgrounds and United States Post Office.


 

3.  Home Occupation.  For the purpose of this ordinance, home occupation shall mean an occupation or profession which meets all of the following requirements:

 

(a)  The home occupation use is clearly incidental and secondary to the use of the property for dwelling purposes and is carried on only by the inhabitants of the dwelling.

 

(b)  No stock in trade is kept or commodities sold except such as are made on the premises.

 

(c)  The use does not require external alteration or involve construction features not customary in a dwelling.

 

(d)  The use does not change the character of the dwelling or adversely affect the uses permitted in a residential district, except that a sign may be constructed and erected for home occupation as authorized in Section 9 of this ordinance.

 

(e)  The home occupation use creates no additional traffic and requires no additional parking space.

 

Examples of home occupations which might meet the above requirements include:

 

a)  Artist's or craftsman's studios.

 

(b)  Dressmaking

 

(c)  Professional office accountant, architect, dentist, engineer, attorney, or physician within a dwelling occupied by the person carrying on such a profession.

 

(d)  Musical instruction limited to one instructor and no more than three (3) pupils at any one time.

 

(e)  Designer, contractors without equipment yards

 

(f)  Similar uses.

 

Examples of home occupations which may not meet the above requirements include:

 

(a)  Barber shop and beauty parlors.

(b)  Commercial stables and kennels.

(c)  Real estate offices and insurance agencies or offices


ORDINANCE 201 AMENDED

PAGE 5                      

 

                        (d)  Restaurants or establishments selling alcoholic beverages.

                        (e)  Massage parlors.

                        (f)  Nursing homes.

                        (g)  Tourist boarding homes.

                        (h)  Other similar establishments offering services to the general public.

 

4.  Off street parking requirements for R district uses:

 

LAND USE                                        NUMBER OF REQUIRED PARKING SPACES

   

Single or two-family                              Two per dwelling unit

dwellings                                             

 

Church                                                 One per five seats

 

School                                                 

1.  Elementary                          One for each faculty and staff

2.  Junior High                          One for each faculty and staff

3.  Senior High                         One for each faculty and staff plus one for each five class seats

 

Colleges/University                               One for each faculty and staff plus one for each two class seats

 

Public Library                                       One for each 300 square feet of gross floor area

 

Community Center                                5.5 for each 1,000 square feet of gross floor area

 

Fire Station                                           One for each full-time fireman

 

Township Hall                                      One for each 1,000 square feet of gross floor area

 

Parks/Playgrounds                                One for each 1,000 square feet of recreational area

 

United States Post Office                      One for each 125 square feet of gross floor area


 

B.  The following uses and no others shall be permitted in any B district:

 

1.  Any use permitted in any R district.

 

            2.  Public buildings.

 

3.  Retail sales and service establishments to include but not limited to barber shops, beauty ORDINANCE 201 AMENDED

PAGE 6          

 

parlors, art and craft galleries, financial offices, commercial banks, building and loan associations, real estate and insurance offices, administrative, executive and editorial offices, funeral homes and mortuaries, general business and professional offices and repair shops excluding those listed as special review use.

 

4.  Off street Parking Requirements:  All commercial uses in any B district shall provide minimum off street parking equal to 2.5 spaces for each 1000 square feet of gross floor area.

 

C.  Special Review Uses:

 

Due to the topographic and geographic features surrounding the Town of Silver Plume, Colorado, which result in severe limitation of space available for development and use, the Board of Trustees finds that the public health, safety, morals or general welfare of the residents of the Town of Silver Plume require that special consideration be given to certain uses of property which, if allowed to develop without special consideration, may result in the overburdening of existing and probable future municipal services, in undue concentration and of population and overcrowding, in severe traffic congestion, in reasonable interference with the beneficial use and enjoyment of neighboring property, or in conditions otherwise injurious to the public health, safety, morals or general welfare of the residents of the Town of Silver Plume, Colorado.  Such uses requiring special consideration are hereby deemed to be special review uses.  Therefore, within the corporate limits of the Town of Silver Plume, Colorado, The Board of Trustees has determined that certain uses shall be deemed to be special review uses and classified as such.

 

1.  R District Special Review Uses:  The following land uses shall be considered special review uses for any R district:

 

(a)  Multiple family dwelling units intended to provide shelter for more than two (2) families or producing a density of more than nine (9) units per acre.

 

(b)  Multi-unit structures for lodging or dwelling to include condominiums, resort lodges and similar uses.

 

            (c)  Tourist boarding or rooming houses or homes.


 

The foregoing uses are the only special review uses which shall be considered as special review uses in any R district.

 

2.  B District Special Review Uses:  The following land uses shall be considered special review uses in any B district:

 

(a)  All special review uses for any R district.

 

ORDINANCE 201 AMENDED

PAGE 7

                        (b)  Retail sales and service establishments including:

i)  Motor vehicle service stations and motor vehicle parts and repair establishments.

ii)  Commercial recreation facilities.

iii)  Commercial museums.

iv)  Retail outlets intended primarily for the sales of curios, gifts, souvenirs, film and other similar products.

v)  Restaurants to include chain or franchise fast food outlets.

vi)  Hotels.

vii)  Motels.

viii)  Mining, milling or other industrial enterprises.

 

3.  Special review uses shall be permitted only upon proper application notice and public hearing in accordance with the provisions of Section 11 B 2 of this ordinance.

 

D.  The following uses and no others shall be permitted in M districts:

 

1.  Any use required for the mining, prospecting, exploring, milling and/or placering of mineral resources upon property defined by a patented mining claim or mill site, or identified by a valid location certificate recorded in the County Clerk and Recorder's Office, as represented by location Maps filed with the Bureau of Land Management of the United States Department of the Interior.

 

2.  Any such use which is not more detrimental to the highest and best use of the land in the district than are the uses herein before enumerated, as determined by the Board of Adjustments and Appeals.

 

Mining Area Regulations:

 

1.  No use causing objectionable noise, odor or dust shall be permitted within five hundred (500) feet of any residential structure, existing in compliance with this and all other ordinances of the


Town of Silver Plume.  This distance shall be computed by a direct measurement from the nearest

source of objectionable noise, odor or dust caused by mining use to the nearest portion of the building in which residence is located.

 

2.  No motor vehicle with a gross vehicle weight of greater than 15000 pounds, engaged in hauling materials to or from an accepted use in M districts may make use of the streets of the Town of Silver Plume unless the owner or representative of the owner of the property on which said use is located has made application to the Board of Trustees of the Town and has been granted a permit specifically for said hauling, subject to such conditions as the Board deems necessary for the preservation of the safety, health and welfare of the residents and property owners.

 

ORDINANCE 201 AMENDED

PAGE 8

 

SECTION 6.  PROHIBITED USES:  The following uses, listed by example, and other similar uses, are hereby deemed to constitute a public nuisance and shall not be permitted in any R, B or M districts:

 

A.  Amusement park.

B.  Aviation field.

C.  Brewery.

D.  Metal powder works.

E.  Bulk petroleum station.

F.  Chemical plant.

G.  Crematory

H.  Facilities for the distilling of bones, fat or glue or gelatine manufacturing.

I.  Dumping, storing, burying, reducing, disposing of or burning garbage, refuse, scrap metal, rubbish, offal or dead animals, except such as is a result of a permitted use of the premises.  Nothing in this Subsection 1 shall be deemed to prohibit dumping or waste disposal to a site provided by the Board of Trustees.

J.  Commercial and/or private junkyards, automobile graveyards, or places for the collection of scrap metal, paper, rags, grass or other materials for salvage or storage purposes.

K.  Outdoor theaters.

L.  Slaughter houses.

M.  Commercial parking lots.

N.  Outside storage yards.

 

SECTION 7.  NON-CONFORMING USES:

 

A.  A non-conforming use, including the use of signs, existing at the time of this ordinance, any amendment or supplement thereto takes effect, may be continued, provided that such non-conforming use is not expanded or enlarged in any way, except that if it is voluntarily discontinued for one year or more, it shall be deemed abandoned and any further use must be in accordance and conformity with the uses permitted by this ordinance.

 

B.  Any building or structure, including signs, existing as a non-conforming use at the time this

ordinance takes effect, which is destroyed by fire or other catastrophe may be re-constructed and

restored providing the same is completed within two (2) years from the date of destruction.

 

C.  A non-conforming use at the time this ordinance takes effect may not be enlarged or expanded.

 

D.  Whenever a non-conforming use, including the use of signs, has been changed to a more restrictive use or to a permitted use, such non-conforming uses shall not hereafter be changed to less restrictive or non-conforming use.

 

 

ORDINANCE 201 AMENDED

PAGE 9

 

SECTION 8.  SIGNS:

 


A.  R District:  No advertising sign of any character shall be permitted in any R district except a temporary sign pertaining to the lease, sale, construction or improvement of a lot or structure on which such sign shall be placed or may be erected.  Such sign shall not exceed a total area of twelve (12) square feet in total area.  Any person conducting a home occupation as authorized by this ordinance shall be permitted to attach flat against the dwelling wherein such home occupation is being conducted, containing the name and occupation only.

 

B.  B District:  No sign of any character, visible from the exterior, shall be permitted on the premises of any lot in the B district except that such sign advertising the trade or business of the occupant, provided that such sign shall not exceed twenty (20) square feet in total area, shall not exceed the height of the building or twenty-eight (28) feet from the ground, whichever is less, and provided further, that only direct lighting is used to illuminate the advertising sign.

 

C.  Flashing, rotating, turning or self-illuminating signs shall not be used within any zoning district within the Town of Silver Plume, Colorado.

 

SECTION 9. HEIGHT, SETBACK AND MAXIMUM LOT COVERAGE REQUIREMENTS:

 

A.  Height:  No part of any building or structure in an R district, including additions and accessory buildings, except church towers, flagpoles, antennae, chimney, flues or vents or similar accessory structures, shall shade any portion of the roof structure of any neighboring building or structure between two hours after sunrise and two hours before sunset on the longest day of the year.  No building in the R district shall exceed twenty-eight (28) feet in height above the average elevation of the ground line at the outside perimeter of the building.  No building in the B district shall exceed thirty-five (35) feet in height above the average elevation of the ground line at the front of the building.

 

B.  Setback:

 

1.      R District:

            (a)  Front setback:  Setbacks shall be no closer than the average for houses on the

block where the structure is to be built.  If there is no other structure on the block then setbacks shall

not be less than twenty (20) feet.

 

(b)  Rear setback:  All structures shall not be less than five (5) feet from the rear property line.

 

(c)  Side setback:  All structures shall be set in a distance of not less than ten (10) feet from the sidelines or line of the lot, except that detached accessory structures on the rear one-third of the lot need not be set in from the sidelines or line, provided that access for fire protection is not ORDINANCE 201 AMENDED

PAGE 10

 

inhibited.

 

2.  B District:


 

(a)  Front setback:  No part of any structure shall project beyond the lot lines or line.

 

(b)  Rear setback:  If an alley abuts the rear line of the lot all structures shall be set in a distance of not less than five (5) feet from the rear line or lines of the lot;  if no alley abuts the rear line of the lot the structure shall be set in a distance of not less than ten(10) feet from the rear lot line or lines.

 

(c)  Side setback:  If a street or alley abuts the sidelines or lines of the lot the structure need not be set in from the sidelines or line; If no street or alley abuts the sideline or lines of the lot all structures shall be set in a distance of not less than five (5) feet from the sidelines or line of the lot.

 

C.  Maximum Lot Coverage:

 

1.  No structure or combination of structures within any R district shall occupy an area greater than 1500 square feet or 30% of the total lot area upon which it exists, whichever is greater, except that uncovered porches, patios, paths and similar exterior ground floor level improvements shall not be included in the calculation of total lot coverage.

 

2.  No structure or combination of structures within any B district shall occupy an area greater than 55% of the total area of the lot upon which it exists.

 

3.  The owner of two or more contiguous lots may construct structures on one or more of such lots which structures occupy an area not greater than the combined number of square feet permitted on each of the separate lots determined by applying percentages of maximum lot coverage for each individual lot, provided however:

 

(a)  that such owner applies for and is granted a variance pursuant to the provisions of Section 11 B 3 hereof, and

 

(b)  that such owner specifically agrees in writing that he will not construct any structure on any portion of the lot or lots, the lot coverage percentage of which was used to determine the number of square feet permitted to be covered on the lot or lots from which the variance was granted.

 

(c)  Such agreement shall be deemed to be a covenant running with the land and the Town Clerk shall cause to be recorded in the County Clerk and Recorder's Office in Clear Creek County an original or certified copy of the agreement and the maximum coverage is applicable by

ORDINANCE 201 AMENDED

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reason of the granting of a variance.

 

SECTION 10.  ADMINISTRATION AND ENFORCEMENT:  Building Permits:

 

A.  There is hereby established a Town Zoning Board to consist of five (5) members.  Four (4) members shall be selected by the Board of Trustees with overlapping terms of three (3) years.  The fifth member of the Zoning Board shall be the Town Building Inspector who shall be appointed by the Board of Trustees.


 

B.  The Zoning Board shall administer and enforce this ordinance.

 

1.  The Zoning Board may be provided with assistance of such other persons as the Board of Trustees, by resolution may direct.

 

2.  If the Zoning Board shall determine or find that any of the provisions of this ordinance are being violated, it shall notify in writing the person or persons responsible for such violation.  The written notice of the violation shall indicate the nature of the violation and shall order the action necessary to abate or correct the violation.  The Zoning Board shall order the discontinuance of illegal construction being done, or shall take any other action authorized by this ordinance to insure compliance with or to prevent the Town from instituting, and the Town shall have the authority to institute, any other appropriate action proceeding to prevent or remedy any violation, including but not limited to, seeking an injunction or other judicial relief.

 

C.  Building Permit Required.  No structure shall be constructed without a building permit therefore issued by the Zoning Board and no building permit shall be issued except in conformity with the provisions of this ordinance.

 

D.  Application for Building Permit for Major Construction.  Except for the application relating to a special review use, any person desiring to construct any structure shall file with Town Clerk duplicate applications for a building permit which shall be accompanied by duplicate plans of the construction project.

 

1.  The duplicate applications shall each include a written statement to the following:

                        (a)  The architectural type, arrangement, texture and material to be used on the

existing and/or proposed structure.

 

(b)  The use the applicant intends to make of any existing and proposed structures and the lot(s) upon which they are to be located.

 

2.  The duplicate plans shall show the following:

 

(a)  The exact size and location of the proposed construction.

ORDINANCE 201 AMENDED

PAGE 12

 

(b)     The actual size, dimensions and shape of the lot or lots affected by the proposed construction project.

 


            3.  The applicant for a building permit shall furnish to the Zoning Board such other information as may be required by the Zoning Board to determine whether the proposed project conforms with requirements of this ordinance.  The duplicate applications shall be accompanied by a non-refundable fee of $ 3.00 for minor construction and $ 10.00 for major construction.  The Zoning Board may waive any submittal requirements it deems unnecessary for the proper consideration of the application.

 

E.  Application for a Building Permit for Minor Construction.  Except for the application relating to special review use, any person desiring to construct any structure shall file with the Town Clerk duplicate applications for a building permit which shall be accompanied by plans of the construction project:

 

1.  The duplicate applications shall each include a written statement to the following:

 

(a)  The architectural type, arrangement, texture and materials to be used on the existing and/or proposed structure.

 

(b)  The use the applicant intends to make of any existing and proposed structures and the lot(s) upon which they are to be located.

 

2.  The duplicate plans shall show the exact size and location of the proposed construction.

 

F.  In determining whether a building permit should be issued to the applicant therefore, the Zoning Board shall consider the following factors:

 

1.  Whether the proposed construction project and the use thereof conforms to the requirements of the Master Plan, as adopted, and to the requirements of this ordinance.

 

2.  Whether the proposed construction conforms to the requirements of the Historic Preservation Guidelines as adopted by the Board of Trustees.

 

3.  The relation of the architectural style, arrangement, texture and materials of the proposed project to other structures within the immediate neighborhood.

 

4.  The effect of the proposed project in changing, destroying or otherwise affecting the exterior architectural feature of any existing structures upon which work is to be done.

 

5.  The effect of the proposed project on the protection and enhancement of the rural mining district character and environment of the Town.

ORDINANCE 201 AMENDED

PAGE 13

 

6.  The conditions of existing structures and improvements and whether or not they are a hazard to the public health and safety.

 

G.  If the Zoning Board determines that the proposed construction project is compatible and harmonious with the provisions of the Master Plan and this ordinance and will not detract from the general historical and architectural character of neighboring areas, it shall approve the application.

 


H.     The Zoning Board shall, within thirty (30) days of the filing of the application, meet to discuss the application and shall render its decision within five (5) days following that meeting as to whether the application is approved, denied or conditionally approved and such decision shall state specifically the grounds of approval, denial or conditional approval.

 

1.  One copy of the written decision of the Zoning Board, attested to by the signature of the Building Inspector shall be forwarded to the applicant within five (5) days following the decision of the Zoning Board.  The original decision and one copy thereof shall be retained by the Zoning Board.

 

2.  Within the above specified forty (40) days, the Zoning Board shall also return to the applicant one copy of the plans submitted pursuant to Section 10,D, with a notation thereon, attested to by the signature of the Building Inspector as to whether the application was approved, denied or conditionally approved.

 

3.  If the application was denied or conditionally approved the applicant may appeal the decision of the Zoning Board to the Board of Adjustments and Appeals pursuant to Section 11,B,1 of this ordinance.  If the applicant elects to accept any conditions of approval of the Zoning Board he must do so in writing, within thirty (30) days of the conditional approval.  If the applicant accepts the conditions of approval, the Building Inspector shall thereupon issue a Town permit to the applicant.

 

4.  If the application was approved the Zoning Board shall forward a Town Building Permit to the applicant therefor.

 

I.  Nothing in this Section shall be construed to prevent ordinary maintenance and repair of any existing structures.

 

J.  Construction to be in compliance with building permits and applications therefor:  Building permits issued on the basis of the plans and the application approved by the Zoning Board authorizes only the construction set forth in such approved plans and application and no other construction shall be authorized or permitted.

 

K.  Application for a building permit relating to a special review use shall be filed with the Board of Adjustments and Appeals pursuant to Section 11,B,2, hereof.

ORDINANCE 201 AMENDED

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SECTION 11.  BOARD OF ADJUSTMENTS AND APPEALS

 

A.  There is hereby established a Board of Adjustments and Appeals to consist of five (5) members to be appointed by the Board of Trustees for overlapping terms of three (3) years.

 

B.  Powers and duties:  The Board of Adjustments and Appeals shall have the following powers and duties:

 


1.      Administrative Review:  To hear and decide appeals where it is alleged that there is error in any order, requirement, decision or determination made by the Zoning Board in the enforcement of this ordinance.  Such administrative review shall be held in conformity with the following procedure:

 

(a)  Appeals to the Board of Adjustments and Appeals concerning any action of the Zoning Board may be taken by any person aggrieved by such action.  Such appeals shall be taken within thirty (30) days of the final action of the Zoning Board by filing with the Zoning Board and with the Board of Adjustments and Appeals a notice of appeal specifying the grounds therefor.  The Zoning Board shall forthwith transmit to the Board of Adjustments and Appeals all paper constituting the record upon which the action appealed from is taken.

 

(b)  The Board shall fix a reasonable time for the hearing of the appeal, not to exceed a period of thirty (30) days after the filing of the notice of appeal.  The Board shall issue its written decision within five days of the hearing.

 

(c)  At the hearing, the party aggrieved and any other interested person may appear in person or by agent or attorney and present testimony and evidence relevant to the appeal.

 

(d)  Public notice of the hearing shall be given by posting not later than ten (10) days prior to the hearing notice on the Town Hall and a sign on the subject property.  The notice shall specify the time, date and place of the public hearing, and a general description of the nature of the relief sought.  The signed notice and the same shall be clearly visible from an adjoining roadway.

 

(e)  An appeal stays all proceedings and furtherance of the action appealed from, unless the Zoning Board from which the appeal is taken certifies to the Board of Adjustments and

                       

Appeals, after the notice of appeal is filed with the Zoning Board, that by reason of the matter stated in the certificate, a stay would in the opinion of the Zoning Board cause eminent peril to life or property, in which case proceedings shall not be stayed other than by a restraining order which may be granted by the Board of Adjustments and Appeals or by the District Court upon application of notice to the Zoning Board from which the appeal is taken and on due cause shown.

 

2.  Special Review Uses:  Any person seeking to implement a special review use pursuant ORDINANCE 201 AMENDED

PAGE 15        

 

to paragraph 5C of this ordinance shall comply with the following procedure:

 

(a)  Formal Application:  An application for approval of a special review use shall be filed with the Board of Adjustments and Appeals by the person seeking such special review use.

 

(b)  The application shall be in sufficient detail to enable the Board of Adjustments and Appeals to evaluate the land use planning and other features of the special review use and must include, at the minimum, the following information:

 

(i)  The site location, including property boundaries.

 


 

(ii)  Number of dwelling units to be constructed, if any, together with a statement concerning the number of dwelling units per acre.

 

(iii)  Designations of the area to be occupied by the structure.

 

(iv)  Designations of the area to be developed from those to remain natural or open.

 

(v)  Points of access to public streets.

 

(vi)  Topographic and geographic characteristics of the site.

 

(vii)  Location of off-street parking.

 

(viii)  Anticipated maximum traffic load estimated in cars per day.

 

(c)  The application shall include or be accompanied by a written statement which shall contain, at the minimum the following information:

 

(i)  A detailed explanation of the purpose for which the land will be used, including the type of dwelling unit, if any to be developed.

 

(ii)The architectural style, arrangement and texture to be used on existing and

 

proposed structures and a detailed description of the materials to be used in the construction or implementation of the special review use.

 

(iii)  A development schedule indicating the approximate date when construction of the proposed special review use can be expected to begin and to be completed.

 

ORDINANCE 201 AMENDED

PAGE 16

 

(iv)  The approximate acreage or square footage of each use, including parking and recreation area.

 

(v)  Parking ratios expressed in spaces per individual unit and in spaces per square feet of gross floor area.

 

(vi)  The proportion of land to be left in a natural or open condition stated in terms of square feet as well as a ration of open space to the area to be occupied by buildings and parking space; such ratio to be expressed in square feet.

 

(vii)  Anticipated effects upon municipal services including, but not limited to the effects on municipal water and sewer systems, schools, snow removal, fire protection and upon the traffic capacity of existing and proposed roadways.


 

(d)  Special review use hearing procedure:

 

(i)  The Board of Adjustments and Appeals shall fix a reasonable time for public hearing to be held on any application for a special review use, not to exceed a period of thirty (30) days after the application for the special review use was filed with the Board of Adjustments and Appeals.  The Board shall issue its written decision with respect to the application for special review use within five (5) days of the public hearing.

 

(ii)  Public notice of the hearing shall be given by posting not less than ten (10) days prior to the hearing a notice on the Town Hall, and a sign notice on the subject property.  The notice shall specify the time, date and place of the hearing and a general description of the nature of the special review use sought.  The sign shall be posted on the subject property in a conspicuous location clearly visible from an adjoining roadway.

 

(iii)  At the public hearing the applicant for special review use and any other interested person may appear in person or by agent or attorney and present testimony and evidence relevant to the special review use.

 

(iv)          A copy of the written decision of the Board of Adjustments and

Appeals shall be forwarded to the applicant and to the Zoning Board.  The decision will state whether the special review use has been approved, denied or conditionally approved.  The decision will include the findings of fact upon which the Board of Adjustments and Appeals based its decision.  If the special review use is denied the applicant may resubmit the application revised to meet the grounds which formed the basis of the denial of the original application.  The procedure for the reconsideration of revised application shall be the same as for the original application     

 

(v)               If a special review use application has been approved, the Zoning Board shall within ten (10) days of its receipt of the decision of the Board of Adjustments and Appeals issue to the

ORDINANCE 201 AMENDED

PAGE 17                    

 

applicant a building permit for special review use.

 

(e)  Criteria governing approval of special review use:  The Board of Adjustments and Appeals shall determine whether the special review use, as applied for:

 

(i)  Generally complies with and is compatible with the Master Plan of this ordinance.

 

                                    (ii)  Will have an unreasonable or intolerable impact upon the public health, safety, morals or general welfare of the residents of the Town of Silver Plume by overburdening existing and probable future municipal facilities and services, or by creating overcrowding and undue concentration of population, or by creating severe traffic congestion, or by unreasonably interfering with the beneficial use and enjoyment of the neighboring property, or by creating conditions otherwise injurious to the public health, safety, morals and general welfare of the residents of the Town of Silver Plume.


           

                                    (iii)  Will detract from the general historical and architectural characteristics of the Town of Silver Plume.

 

If the Board of Adjustments and Appeals determines that the proposed special review use complies with the requirements of the Master Plan and this ordinance, and that such use will not have an unreasonable or intolerable impact on the public health, safety, morals, or general welfare of the residents of the Town of Silver Plume, measured by the above criteria, it shall approve the application.

 

(f)  The final application for development of a special review use as approved by the Board of Adjustments and Appeals shall be binding upon the applicant, and development of the special review use shall not deviate from the plan as approved without the prior approval of the Board of Adjustments and Appeals, which shall be granted except upon application notice and public hearing as provided for in this section 11 B 2.

 

3. Variances.  Upon application of specific cases, the Board of Adjustments and Appeals may grant a variance from the requirements of this ordinance where:  there are practical difficulties or unnecessary hardship in carrying out the strict letter of this ordinance; or the variance is necessary to insure that the spirit of this ordinance is observed; or the variance is necessary to promote the

implementation of the goals and objectives of the Master Plan and the Historic Preservation Guidelines of the Town of Silver Plume.  An applicant for a variance shall:

 

(a)  File with the Board of Adjustments and Appeals a written application stating the variance sought and stating the following:

 

(i)                 That practical difficulties or unnecessary hardships exist which are peculiar to the land or

ORDINANCE 201 AMENDED

PAGE 18                    

 

structure involved and which are not generally applicable to other land or structures within the same zoning district.

 

(ii)  That the special conditions and circumstances do not result from the action or conduct of the applicant.

 

(iii)  That literal interpretation of the provisions of this ordinance would deprive the applicant of rights commonly enjoyed by other persons and properties within the same zoning district under this ordinance.

 

(iv)  That reasonable protections are afforded adjoining property owners.

 

(v)  That there is general compliance with the Master Plan and this ordinance.

 

(b)  The Board of Adjustments and Appeals shall hold a public hearing and give notice thereof in accordance with the provisions of Section 11 2 B (d) (i) through (v), of this ordinance.

 


 (c)  A variance may be granted by the Board of Adjustments and Appeals if it finds that the reasons set forth in the application justify the granting of the variance and that the variance is the minimum variance that will make possible the reasonable use of the land or structure involved.

 

C.  General Provisions relating to the Board of Adjustments and Appeals.

 

1.  The concurring vote of four (4) members of the Board of Adjustments and Appeals shall be required to reverse any order, requirement, decision or determination by the Zoning Board or to decide in favor of the applicant any matter upon which it is required to pass under this ordinance or the effect any variation in the application of this ordinance.

 

2.  The Town Clerk shall act as Secretary of the Board of Adjustments and Appeals and Shall keep the minutes of all meetings thereof.  The Town Clerk shall record the vote of the members of the Board on each question voted upon and shall keep a record of attendance of Board members at all meetings of the Board of Adjustments and Appeals.

 

3.  On appeals from the determination of the Zoning Board, the Board of Adjustments and Appeals shall have the powers of the Zoning Board.  In exercising such powers, so long as such action is in conformity with the terms of this ordinance, the Board of Adjustments and Appeals may reverse, affirm, wholly or in part, modify the order, requirement, decision or determination as ought to be made.

 

 

 

ORDINANCE 201 AMENDED

PAGE 19        

 

SECTION 12. SPECIAL PROVISIONS CONCERNING STREAM MARGIN MANAGEMENT DISTRICTS:

 

A.  Purpose and Establishment:  To promote the public health, safety and general welfare of the Town; to minimize flood loss in areas subject to flood hazards; to promote the orderly development of the flood plain of Clear Creek and to prevent the impediment of the natural flow of water therein, there is hereby established a Stream Margin Management District which shall include all land and air space within fifty (50) feet, measured horizontally from the high water line of Clear Creek.  All construction, grading, filling or excavation projects within the boundaries of the Stream Margin Management District shall be conducted only in accordance with the provision of this Section 12 B.  Any person desiring to engage in construction, grading filling or excavation projects within the Stream Margin Management District shall apply to the Zoning Board for a building permit for the proposed project.  The application shall be in the form of a development plan, drawn to scale, which shall, at the minimum, show the following:

 

1.  The intended use of the property.

 

2.  The boundaries of the property for which the building permit is requested.

 

3.  Existing and proposed structures and improvements.

 

4.  Construction procedures and materials to be used.


 

5.  Existing trees, shrubs and other natural foliage.

 

6.  A two (2) foot contour map for major site alterations.

 

B.  If the proposed use of the property does not constitute a special review use pursuant to Paragraph 5 C of this ordinance, the Zoning Board shall notify the applicant of its decision as to the approval or disapproval of the development plan within forty (40) days of the date the development plan is filed.  If the development plan is approved, the Zoning Board shall issue a building permit therefore.

 

1.  In determining whether to approve or disapprove a development plan, the Zoning Board shall determine whether the plan complies with the purposes of this section to specifically include the consideration of the following:

 

(a)  Whether trails can be provided along Clear Creek or access as an element of

                       

adopted open space plan.

 

(b)  Whether the buildings and other structures are located so as not to be subject to flooding.

ORDINANCE 201 AMENDED

PAGE 20

 

                        (c)  Whether existing trails can be connected.

 

(d)  Whether vegetation will have to be removed or whether any slope or grade changes will increase erosion of the stream bank or area adjacent to the creek.

 

(f)  Whether additional pollution of Clear Creek will occur.

 

(g)  Whether the completion of the development plan will interfere with natural changes in the stream.

 

(h)  Whether access to public land along Clear Creek can be provided.

 

2.  In addition to the foregoing, the Zoning Board shall also determine whether the development plan conforms to the other requirements of this ordinance for the issuance of a building permit to specifically include those considerations set forth in Section 10 E hereof.

 

C.  If the proposed use of the property within the Stream Margin Management District constitutes a special review use under paragraph 5 C of this ordinance, The Zoning Board shall refer the application and development plan to the Board of Adjustments and Appeals which shall hold a public hearing on the application and issue its decisions thereon pursuant to the provisions of Section 11 B 2 thereof.

 


1.      In determining whether to approve or disapprove the development plan the Board of Adjustments and Appeals shall consider the factors enumerated in Section 10 C 1 and the factors relating

 

to a special review sue as the same are set forth in Section 11 B 2 hereof.

 

2.  The Board of Adjustments and Appeals shall not approve a development plan unless it specifically finds that such development plan conforms to the requirements of this ordinance and the Master Plan.

 

SECTION 13.  PLANNED DEVELOPMENT DISTRICT:

 

A.  Purpose:  There is hereby established a Planned Development District for the purpose of providing a means for development of tracts and sites within the Town of Silver Plume with a mixture of densities and uses and utilizing concepts consistent with the purpose of this ordinance.

 

B.  Permitted Uses:  Planned Development Districts may include residential,  commercial,  or public uses as single uses or in combination.  Each such Planned Development District shall be under united control whether by single ownership or other similar ownership.

 

ORDINANCE 201 AMENDED

PAGE 21

 

C.  Height:  Setback and maximum Lot Coverage Requirements: Height,  setback and maximum lot coverage requirements shall be considered for the overall tract or site with regard to those limitations and requirements established for similar uses in R and B zone district and with regard to compatibility with surrounding development.  Varied requirements for height,  setback and maximum lot coverage may be established by the Board of Trustees.

 

D.  Application for Designation of Planned Development District:

 

1.  The application for PD designation shall be filed with the town clerk and shall include the following submittal by the applicant:

a)  Three copies,  including one reproducible copy which shall become a part of the final plan,  of a 24" x 36" site plan-survey of the area proposed to be designated PD consisting of a survey of the area proposed for such designation and showing the location of all existing and proposed improvements including structures,  roads,  off street parking areas,  access points to public streets,  fences,  drainage improvements,  landscaping and other similar significant natural and manmade features.  The site plan-survey shall indicate any portion of the area proposed for re zoning to PD which lies within the boundary of the one hundred year flood plain as identified in the AFlood Insurance Study@ as adopted by the Board of Trustees of the Town of Silver Plume.  The reproducible copy of the site plan survey shall include signature block for the Mayor of the Town of Silver Plume.

 

b) The Zoning Commission and /or the Board of Trustees may require an overlay of topographical information on the site plan-survey.

 

c) Three copies, including one reproducible copy which shall become part of the final plan, of elevation drawings of any proposed new structures, drawn to scale.                                

 


d) A written statement providing at a minimum the following information:

i)  A detailed explanation of the types of uses proposed in the area to be designated PD and the areas where those uses will be located. 

 

ii)  The proposed texture and materials to be used in existing and new structures.

 

iii)  A development schedule indicating approximate dates when construction of proposed improvements will begin and be completed.

 

iv)    The approximate acreage or square footage of each use including park

areas of similar non-structural improvements. 

 

v)  Parking ratios expressed as spaces per square feet of gross floor area. Parking spaces required for employees.  Parking spaces required for customers.  Parking required

ORDINANCE 201 AMENDED

PAGE 22

 

for residents.

 

vi) The percentage of the area proposed to be designated PD which is to be left in a natural or open space condition.

 

vii) Anticipated effects on municipal services including but not limited to the effects on the water system, the sewer system, road maintenance and snow removal, fire protection, law enforcement, traffic patterns and street capacity of existing and proposed roadways.

 

E.  Hearing Procedure for Planned Development Designation:

 

1.  Upon receipt by the town clerk of an application for designation as PD, the Board of Trustees shall appoint a Zoning Commission to investigate and consider the proposed re zoning before submitting a recommendation to the Board of Trustees on the proposed re zoning the Zoning Commission shall hold a public hearing on the application and prepare a report including its recommendation for consideration by the Board of Trustees.  At least fifteen days prior to the date of the public hearing before the Zoning Commission, a notice of the hearing shall be published in the legal newspaper of the Town of Silver Plume as designated by the Board of Trustees.  When the Zoning Commission has completed its report and recommendations regarding the application it shall certify the same to the Board of Trustees.

 

2.  After receiving the report and recommendations of the Zoning Commission regarding the application, the Board of Trustees shall hold a public hearing thereon.  At least fifteen days prior to the date of the public hearing before the Board of Trustees a notice of the hearing shall be published in the local newspaper of the Town of Silver Plume as designated by the Board of Trustees.  This public hearing may be continued from time to time if it is determined by the Board of Trustees that it is in the public interest to do so.  After receiving the final report and recommendation of the Zoning Commission and holding a public hearing on the recommendation and the application, the Board of Trustees shall vote upon the application for designation as Planned Development District.


 

 

3.  In determining whether an application for designation as PD shall be approved the Zoning Commission and the Board of Trustees shall consider the following factors:

 

a) Whether the proposed development and proposed use or uses conform to the goals and objectives outlined in the Master Plan, as adopted and to the relevant requirements of this ordinance.

 

b) The effect of the proposed development on the historical and architectural character of the neighboring area including the effect on any existing structures within the proposed development.

ORDINANCE 201 AMENDED

PAGE 23

 

c) The conditions of any existing structures and any proposed improvements and their effect on the health and safety of the public.

 

d) Whether the proposed development will have an intolerable impact by overburdening existing or planned future municipal facilities and services, or by creating overcrowding and undue concentration of population, or by creating severe traffic congestion, or by unreasonably interfering with the beneficial use and enjoyment of neighboring property, or by creating conditions otherwise injurious to the public health, safety and general welfare of the residents of the Town of Silver Plume.

 

e) Whether the proposed development application has adequately addressed surface drainage and runoff water collection.

 

f) Whether the proposed development violates in whole or in part the conditions of any other ordinances of the Town of Silver Plume.

 

4.  A majority vote of the Board of Trustees shall be required to approve an application and re zone the area covered by the application to PD and the re zoning shall be in effect thirty days thereafter.  In case of a protest against the re zoning by at least twenty percent or more of the property owners owning property within one hundred feet of any portion of the area proposed for re zoning, such re zoning to PD shall not become effective except with the favorable vote of five of the members of the Board of Trustees.  If in the opinion of the Board of Trustees the immediate implementation of the re zoning is necessary for the health, safety and/or general welfare of the public, and upon the affirmative vote of five of the members of the Board of Trustees the re zoning shall become effective immediately upon approval by the Board of Trustees.

 

5.  The approval of the Board of Trustees of an application for re zoning to Planned Development District does not constitute the review and approval otherwise required under this ordinance for a building permit.

 


 

F.  Zoning Map of the Town of Silver Plume

 

Upon approval of an application for re zoning to Planned Development District by the Board of Trustees, the town clerk shall record the change by designating on the Zoning map of the Town of Silver Plume the area which has been re zoned to PD and labeling the area with a numerical designation identifying the sequence of re zoning action to PD.  In addition the town clerk shall keep on file the approved final PD plan which shall include the site plan survey, elevation drawings and the written statement as approved by the Board of Trustees and shall file it under the same numerical designation where it shall be available for review by the public.

 

SECTION 14.  AMENDMENTS:  Amendments may be initiated by the Town Board of Trustees ORDINANCE 201 AMENDED

PAGE 24

 

or by petition.  Upon receipt of a petition by the Board of Trustees, or after a resolution has been introduced to amend this ordinance, the Board of Trustees shall appoint a Zoning Commission to investigate and consider the proposed amendment as presented by the proposed change. Before submitting a recommendation and hold a public hearing thereon, notice of which shall be published in a paper of general circulation in the area at least fifteen (15) days before the date of such hearing.  When the Town Zoning Commission has completed its recommendations for an amendment, it shall certify the same to the Board of Trustees in a final report.

 

After receiving the final report of the certification of a proposed amendment to the Zoning Ordinance from the Zoning Commission and before adoption of any such zoning amendment, the Board of Trustees shall hold a public hearing thereon, at least fifteen (15) days prior to such hearing a notice of the time and date and place of which shall be published in a paper of general circulation in the area.  Such hearing may be continued from time to time if in the public interest to do so.

 

After receiving a recommendation amendment to the Zoning Plan the Town Zoning Commission and holding the public hearing provided for, the Board of Trustees shall consider such recommendation and vote upon the recommendation amendment to the Zoning ordinance.  A majority of Town Board members shall be required to take action upon any recommendation amendment to the Zoning Ordinance.  If the amendment to the Zoning Ordinance is adopted by the Board of

 

 

Trustees it shall take effect thirty (30) days thereafter.  In case, however, of a protest against such changes signed by the owners of twenty (20) percent or more, either of the area lots included in such proposed changes, or of those immediately adjacent in the rear thereof extending one hundred (100) feet from the street frontage of such opposite lots, such amendments shall not become effective except with the favorable vote of three-fourths of all the voting members of the Board of Trustees.

 

SECTION 15.  SEVERABILITY:  If any provisions of this ordinance or any section thereof or its application to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this ordinance.  The Board of Trustees hereby declares that in this regard the provisions of this ordinance are severable.


 

SECTION 16.  EMERGENCY:  In the opinion of the Board of Trustees of the Town of Silver Plume,

an emergency exists and this ordinance is necessary for the immediate preservation of the public health, safety and general welfare upon its passage and publication.

 

INTRODUCED, READ AND ADOPTED THIS 27th DAY OF SEPTEMBER, 1976.

 

                                                                                   

 

 

ORDINANCE 201 AMENDED

PAGE 25

 

 ___________________________

 Peter T. Kenney - Mayor

 

ATTEST:

 

______________________________

 

Sue P. Kenney - Town Clerk

 

 

AMENDMENTS TO ORDINANCE NO. 201 (Changes already incorporated in this copy.)

 

 

INTRODUCED, READ AND ADOPTED THIS 13TH DAY OF AUGUST, 1984.

 

 

 

 

_______________________________

                                                                                    Peter T. Kenney - Mayor

 

ATTEST:

 

 

 

 

 

 

 

 

_______________________

Sue P. Kenney - Town Clerk