HomeMy WebLinkAboutORDINANCE 06-24ORDINANCE NO. 06-24
AN ORDINANCE AMENDING SECTION 5.3 OF THE ESTES PARK DEVELOPMENT
CODE REGARDING VEHICLE BASED ACCOMMODATIONS FOR SEASONAL
EMPLOYEES
WHEREAS, housing related costs in the Town of Estes Park have escalated
rapidly in recent years, as evidenced by median home sales prices rising from $392,000
in March 2020 to $585,000 in September 2022—a 50% increase in two and a half years:
WHEREAS, affordability has declined in the rental market as rent hikes outpaced
income growth and levels of cost burden for renters rose from 41% in 2010 to 63% in
2020 in Estes Park according to the 2023 Estes Valley Housing Needs Assessment &
Strategic Plan (Assessment);
WHEREAS, the rental vacancy rate in Estes Park is currently approaching zero
while a balanced rental market typically has vacancy rates of 5-10%. There is a need for
approximately 132 units to accommodate seasonal workforce according to the
Assessment;
WHEREAS, Estes Park relies on a tourism -based economy that is seasonal in
nature with approximately 5,250 summer seasonal jobs compared to approximately 4,860
year-round jobs according to the Assessment;
WHEREAS, with little available work force housing, businesses face difficulty
hiring adequate staff to deliver services. In 2021 there were 740 unfilled jobs in the Estes
Valley, a 30% increase since 2015 according to the Assessment;
WHEREAS, the Board of Trustees desires to pass this ordinance to allow a one-
year pilot program to permit Vehicle Based Accommodations for Seasonal Employees on
private property in limited situations as defined herein;
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF
THE TOWN OF ESTES PARK, COLORADO AS FOLLOWS:
Section 1: In this ordinance, ellipses indicate material not reproduced as the Board
intends to leave that material in effect as it now reads.
Section 2: Section 5.3(D) of the Estes Park Development Code is hereby amended
by the addition of underlined material, to read as follows:
§ 5.3 — TEMPORARY USES AND STRUCTURES
D. Temporary Uses Allowed.
7. Vehicle -Based Accommodations for Seasonal Employees (VBASE)
a. Definitions. For the purposes of this paragraph (7), the following terms have
the following meanings:
(1) Affiliate means a person (e.g.. firm, company, entity, natural person) who
directly, or indirectly through one or more intermediaries, controls, or is
controlled by, or is under common control with. the specific person, as
determined explicitly in a temporary use permit. "Control", including the terms
"controlling", "controlled by", and "under common control with", means the
possession, direct or indirect, of the majority power to direct or cause the
direction of the management and policies of a person, whether through the
ownership of voting securities, by contract other than commercial contract for
goods or non -management services, or otherwise.
(2) Qualified Occupant means any person who resides in a VBASE unit and is
employed as an employee or independent contractor for more than 30 hours
per week, on the same site as the property where a VBASE unit is located, or
on another site owned either by the person who owns the property where the
VBASE unit is located or by an affiliate of the owner.
(3) Vehicle -Based Accommodations for Seasonal Employees (VBASE) Unit
means a vehicular or portable unit designed to be mounted on a chassis and
wheels, which either has its own motive power or is mounted on or drawn by
another vehicle, such as travel trailers, fifth wheel trailers, camping trailers,
motor homes, or slide in truck campers which may be used as a temporary
dwelling or sleeping place for Qualified Occupants. The following do not qualify
as VBASE Units: tiny homes, passenger vehicles, and truck toppers.
b. Permit Required; Term; Fees.
(1) Any owner may, upon receipt of a temporary use permit for such purpose, enter
into a private agreement with any Qualified Occupant to allow VBASE parking
on the owner's private property for use as a temporary dwelling or sleeping
quarters.
(2) This VBASE permit shall issue and automatically renew monthly until such time
as owner terminates the permit in writing or on the following November 1,
whichever comes first.
(3) The permit application fee shall be $50.00.
(4) The monthly permit fee shall be $100.00 paid to the Town without proration.
The fee is for each calendar month. The permit fee is owed by each permittee
whether a permitted spot is in use or not. and fees will not be reduced on a pro
rata basis. For continuing permits, the permit fee is due and payable on the last
business day of the prior month.
(5) The Town may accept advance payment of the monthly permit fees. but
acceptance of such payment does not change the month -to -month permit
status. The Town will not provide refunds on any advance payments.
(6) This permit does not allow any material change to the interior or exterior of any
premises to accommodate the VBASE unit that would require a building permit.
c. Eligibility For Temporary Permit.
(1) Permit Required. An owner shall submit a completed permit application to the
Town along with payment of the permit application fee. The permit application
shall include a drawing showing the proposed location of the VBASE Unit on
the site to demonstrate conformance with all applicable regulations.
(2) On -Site Employment Required. The Qualified Occupant must either be
employed on the same site as the owner's property or on another site owned
by the owner or the owner's affiliate.
(3) Location. The VBASE Unit must be placed entirely on private property and
meet all setback requirements of the zoning district or any setback established
by an approved variance. The VBASE Unit shall not be located in any of the
following places:
(a) Within the extended boundaries of a crosswalk:
(b) Within ten (10) feet of the extension of any primary building
entranceway, and or doorway;
(c) In a location in which it may impede or interfere with or visually obstruct:
i. The safe movement of vehicular and pedestrian traffic.,
ii. Parking lot circulation;
iii. Required parking spaces;
iv. Access to any public street, alley or sidewalk; or
v. Fire lanes
(4) Zoning and Land Use. The VBASE Unit is only permitted to be located on
properties zoned Accommodations (A and A-1), Commercial (CD, CO, CH, or
O), or Industrial (1-1). A VBASE Unit shall not be permitted on properties zoned
Residential (R, RM, E, or E-1) or on properties on which the principal use is
residential. regardless of zoning.
(5) Season. The VBASE Unit is only permitted to be occupied from May 1 to
October 31. The VBASE Unit may be parked and/or stored on -site outside
these dates in accordance with all requirements of the Municipal Code and
Development Code.
(6) Surface. The location of the VBASE Unit on the owner's private property must
be on a rigid surface consisting of concrete, asphalt, chip seal, or pavers. A
gravel surface is also acceptable provided it is designated and reserved for
parking, but in no case shall a VBASE Unit be placed upon any dirt, grass,
landscaping, or other permeable surface.
(7) Electric. The Qualified Occupant must have a supply of electricity from a
source on the same parcel. The use of a generator is not allowed at any time.
No air-conditioning or any other mechanized unit to cool air in a VBASE Unit
may operate after the hours of 8:00 p.m. or before 8:00 a.m.
(8) Water. The Qualified Occupant must have access to potable drinking water by
a food grade hose or other means of delivery from a structure located on the
same parcel with an approved Town water tap or permitted well.
(9) Hoses and cords. Hoses and cords which cross real property lines or public
property are prohibited. All hoses/cords need to be securely placed and
covered as needed, to avoid being a trip hazard.
(10)Restroom. If the VBASE Unit does not contain restroom facilities, the owner
shall make restroom facilities available to the Qualified Occupant 24 hours per
day. Portable restroom facilities are not permitted.
(11)Sewer. No sewer hook-up for a vehicle is required: however, any black water
holding tank in use must be regularly dumped at a permitted RV dump station.
The owner is responsible for the appropriate management of a black water
system if used on the property.
(12)Dumpinq of Black or Grey Water. In no case shall black or grey water tanks
be dumped into any sewer system located on the premises unless an approved
RV sewer connection is available.
(13)State of Good Repair. The VBASE Unit must be maintained in a state of good
repair and be equipped and licensed for travel on public roads.
(14)Life Safety. The VBASE Unit must be equipped with an operable fire
extinguisher, smoke detector, and carbon monoxide detector.
(15)Number of VBASE Units. No more than one VBASE Unit per parcel shall be
permitted.
(16)Maximum Occupancy. No more than three adults over the age of 18 and no
more than six people total may dwell or sleep in any VBASE Unit.
(17)Term of Tenancy. The term of the tenancy between the owner and the
Qualified Occupant shall end on the last day of each month at 11:59 p.m. This
rental term shall be contained in a written agreement signed by the owner and
the Occupant with a copy provided to Town Staff prior to approval of the permit.
(18)Display of Permit. The Permit shall be affixed to the VBASE Unit so it is visible.
(19)Inspection. The owner and Qualified Occupant shall grant permission to Town
staff to enter the property as an invitee to inspect the VBASE Unit for permit
compliance or to respond to complaints.
(20)Other Requirements. The permitted VBASE Unit shall comply with all other
restrictions and requirements imposed by local, state, or federal laws.
(21)Other Structures. Except for the VBASE Unit, no permanent or temporary
structures, including but not limited to decks and shade structures, shall be
erected in connection with this Permit.
(22)Insurance. Property owner must file with the Town a certificate evidencing
valid and effective policies for real and personal property liability insurance at
least to the limits required with minimum limits of Five Hundred Thousand
Dollars ($500.000.00) per occurrence, One Million Dollars ($1,000,000.00) in
the aggregate.
(23)Signage. No temporary or permanent signage is permitted in conjunction with
this permit.
(24)Businesses Prohibited. No business may be operated out of a VBASE Unit.
c.Factors For Grant Of Temporary Permit. Notemporary use permit for aVBASE
unit shall be granted unless the Town finds that the following criteria have been met:
(1) Compliance with all eligibility requirements contained herein.
(2) No current nuisance or other oontinuinq code violation as set forth under the
Municipal Code exists on the naa| property where the VBASE Unit will he
located.
(3)The V8ASE Unit location does not significantly adversely impact the
surrounding area.
(4) The real property parcel complies with all applicable Town zoninq, development
code, and buildinq requlations and there no open or continuing code violations.
(5)The issuance of the permit balances the safety of patrons, pedestrians, and
traffic such that no group shall be subject to an unreasonable risk of harm if the
permit ioqranhed.
d. Repeal. This paragraph (7) on vehicle -based accommodations for ooaoonm|
employees shall automatically berepealed effective April 3O.2O25. Notemporary use
permits for VBASE units shall be issued which would authorize any such use to occur
after that date. The Board ofTrustees may alter this repeal bvordinance.
Section 3: This Ordinance shall take effect and be enforced thirty (30) days after
its adoption and publication.
PASSED AND ADOPTED by the Board ofTrustees of the Town of EstesPark,
Colorado this 0TH day ofAPR|L. 2024.
TOWN OF ESTES PARK, COLORADO
By:
Mayor
ATTEST:
rown Clerk
u
| hereby certify that the above Ondi ma wais introduced at a regularmeeting ofthe Board
ofTrustees ontho q4`^ day of 2024 and published by htJe in a
newopaperofgonens|oimu|ationintheTownofEatmaPurk.Co|omdo.onthe\Vdayof
2024. all an required by the Statutes of the State of Colorado.
APPROVED AS TO FORM:
Town Attorney