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HomeMy WebLinkAboutPACKET Estes Valley Planning Commission 2019-02-19 The Estes Valley Planning Commission reserves the right to consider other appropriate items not available at the time the agenda was prepared. Prepared: February 8, 2019 Revised: February 13, 2019 AGENDA ESTES VALLEY PLANNING COMMISSION February 19, 2019 1:30 p.m. Board Room, Town Hall 1. OPEN MEETING Planning Commissioner Introductions 2. AGENDA APPROVAL 3. PUBLIC COMMENT The EVPC will accept public comments regarding items not on the agenda. Comments should not exceed three minutes. 4. CONSENT AGENDA Study Session Minutes: January 15, 2019 Minutes: January 15, 2019 5. RESOLUTION: JOINT PLANNING AREA 6. ESTES VALLEY PLANNING COMMISSION BY-LAWS 7. ESTABLISH START TIME FOR PLANNING COMMISSION MEETINGS AND STUDY SESSIONS 8. CODE AMENDMENT: VACATION HOMES and BED AND BREAKFAST INNS Code Compliance Officer Hardin 9. CODE AMENDMENT: COMPREHENSIVE PLAN CONSISTENCY Director Hunt 10. CODE AMENDMENT: PARK AND RECREATION FACILITIES Director Hunt 11. REPORTS 12. ADJOURN Town of Estes Park, Larimer County, Colorado January 15, 2019 Minutes of a Study Session meeting of the PLANNING COMMISSION of the Estes Valley, Larimer County, Colorado. Meeting held Rooms 202/203 of Town Hall. Commission: Chair Leavitt, Vice Chair White, Commissioners, Foster, Murphree, Smith, Theis Attending: Leavitt, Foster, Theis, Murphree, Smith, White, Schneider Also Attending: Town Attorney White, Director Hunt, Senior Planner Woeber, Planner I Becker, Town Board Liaison Norris, Code Compliance Officer Hardin and Recording Secretary Swanlund Absent: none Chair Leavitt called the meeting to order at 11:00 a.m. There were approximately 10 people in attendance. This study session was streamed and recorded on the Town of Estes Park YouTube channel. Mountain Coaster Discussion: Chair Leavitt addressed the comments made during the Board of County Commissioners hearing. Attorney White noted that attorneys try to raise issues, which is what Attorney Zier was doing. Director Hunt stated that from a staff point of view, the October 30 meeting was clear, thorough and gave staff and community good guidance. All hearings have been completed and there are two pending law suits going to district court. The Development Plan for the Mountain Coaster has been approved as of now. The property owner can begin development. Attorney White noted that it is possible that the district court could determine that a decision was not appropriate, which could remand the Mountain Coaster back through the process and to the Planning Commission. PC is still under ex-parte communication. Caution should be taken when discussing this, even within the PC. See attached statement from Chair Leavitt. By-Laws revision Planner Becker reviewed the updated By-Laws based on what was discussed at the December Study Session. Foster brought up consistency issues with Board vs Commission, Member vs Commissioner, and Chair vs Chairperson. Attorney White agreed with these comments. Also brought up was subdivision plats being approved within 30 days, which is Colorado law. Relevant and adopted policies should be written and voted on as they specifically relate to the PC and its members and formally adopted by both elected Boards. Hunt suggested circulation of the list of town policies to the PC for the next meeting. It was agreed that this not be voted on and adopted today due to the changes requested. Planning Commission Study Session January 15, 2019 – Page 2 Peak View Apartments: Planner Becker reviewed the Development Plan from the Estes Valley Housing Authority. The proposal is to demolish the current building and construct two multi-family buildings. There is an alternative parking plan being submitted. Theis asked if there is a fence proposed to prevent people from parking in the church parking lot and perhaps a shared parking agreement might be proposed. This is all workforce housing, not attainable housing, and will be deed restricted. Since the Housing Authority owns the building, Community Development will do a yearly audit making sure residents work in the Park School District boundaries full time. Foster wondered about the introduction of school age children that may be moving into the current workforce housing projects being constructed and how that could affect traffic and cross walks. Hunt recommended including the School District on Development Plans where children may be involved. Also brought up was the traffic safety concern across the street from the access point where Acacia and Avalon come together. Public Works has had communication with CDOT. It was suggested to run this by the PD and Schools. If staff sees a potential for families with children in a development plan, it should be addressed in the review stages. County Location and Extent Planner Woeber reviewed the Location and Extent for the proposed County Maintenance Facility located on a 10 acre parcel on Elm Road. The facility is in need of updating due to its age. There are numerous other projects connected with this site which will be applied in the next few months including a Boundary Line Adjustment, Right of Way dedication, and rebuilding the current CDOT facility. Vacation Homes CCO Hardin reviewed the requested recommendations from the December meeting. The following items were suggestions from the Town Clerks office and meeting discussion: o using the term relocate instead of transfer, o registrations not completed within ninety days will be voided and are subject to reapplication o use of the word renewal instead of reapplication o transfer of ownership as a separate item from property management o changes would be in effect starting with the 2020 calendar year o should there be an exception for the first calendar year someone obtains a license, especially if they get the license late in the calendar year o B & B’s can offer limited ancillary services to guests only o turn-around time for registrations is not currently an issue o any signage must meet the requirements of the respective jurisdiction; add a cross-reference o voting on individual proposals can begin at the February meeting o building codes will be going to Town Board on the 22nd to extend vacation home life safety inspection dates Lunch 12:15-12:30 Park and Rec Code Amendment Director Hunt discussed the recent history of the Park and Recreation Code Amendment and explained the 2017 revision was incomplete and needed an adjustment. This revision is to the definition only, with more revisions possibly to come. This changes the wording of low intensity and occasional and incidental use. The concept of this definition change is that it would not encompass Planning Commission Study Session December 18, 2018 – Page 3 something that is in operation continuously. There was discussion on “intensity” and how to be more specific with its use, with traffic and parking being the more obvious guidelines. S2 reviews could be a good tool to use. Too many exceptions require some body to look at the plan, that body is likely to be the PC. And amendment to reasonable parking and traffic thresholds needs to be looked at. Temporary Use permits were brought up as another option but they are only available for a total of one year. Foster suggested using the words limited to rather than including. We don’t want to increase the number of nonconforming uses with a simplistic solution. Norris reminded all that this is a process, not a done deal. Both elected boards would appreciate discussion with careful consideration of the pros and cons and asked that the PC report on what they see as the key fundamental underlying principles that need clarification. Historical commercial activity (grandfathering) would require more precision with intensity and amount of use. Comp Plan Consistency Code Amendment Director Hunt discussed the decoupling of the Development Code from the Comp Plan. Ministerial and Discretionary reviews have been sorted out. Ministerial (comp plan reference removed): variances, development plans, temporary uses/structures, public uses, final plats. Discretionary (continued comp plan reference): preliminary plats, rezonings, PUD’s, code changes. IGA discussion A joint Study Session between the TB and BOCC is scheduled for February 19 to discuss the future of the IGA. The comp plan rewrite cannot continue until a decision is made on whether or not the IGA is being continued. The current IGA expires February, 2020. PC members are allowed and encouraged to discuss their thoughts with elected officials. All town trustees should hear what the PC members and the public think on this matter. Going paperless Director Hunt proposed getting rid of the paper notebooks and move to electronic devices: Chromebook or IPad. Concerns about writing/taking notes and looking at drawings and plans were raised. Karin will send out a Doodle poll to get feedback. Due to time constraints, Chair Leavitt adjourned the meeting at 1:17 p.m. _____________________________________ Bob Leavitt, Chair Karin Swanlund, Recording Secretary Setting the Record Straight on the Mountain Coaster Appeal A hearing was held by the County Commissioners on January 3, 2019 to consider the appeal of the Mountain Coaster development plan from the EVPC. This appeal had previously been heard by the EVPC on October 30, 2018. At that time the EVPC denied the appeal to overturn the development plan. During the January 3 rd hearing several comments were made that need to be corrected and/or clarified. The attorney for the appellants said the EVPC minutes from the Mountain Coaster appeal hearing on October 30, 2018 had not been approved. If fact they had been reviewed and approved at our regular meeting in November. Contrary to the position taken by the attorney for the ap pellants, there was no question that a tie vote meant that the motion failed. I asked attorney White in advance what a tie vote would mean. He told me it would mean the motion failed. Thus, during the hearing I stated after the vote that the motion failed. At that time Attorney White said no further vote was required. This is consistent with the way the EVPC has treated tie votes in the past. And other boards and commissions also treat tie votes the same way. While we could have taken another vote, the legal implication of a tie vote is clear. A question has been raised as to why we didn’t pursue the need for a location and extent review. Personally, I did not pursue this issue for two reasons: First, advice from Attorney White that location and extent reviews only apply to publicly owned property. Second, my own research into other Colorado counties and their guidelines on how and when location and extent reviews should be used. It seemed clear that other counties only apply it to publicly owned properties. In public testimony it was clear that many people didn't understand the scope of the Mountain Coaster appeal. By law, and our code, the appeal had a narrow scope. We could only consider the content of the written appeal of the development plan and related testimony. We could not open up new issues that were not raised in the appeal. Nor could we add conditions as can be done with an original development application. We could not take up issues that had been decided in prior appeals. Essentially we only had the option of an up or down vote based on the development plan appeal. These comments reflect my own views and not necessarily the views of the rest of the EVPC. Bob Leavitt January 15, 2019 RECORD OF PROCEEDINGS Estes Valley Planning Commission January 15, 2019 Board Room, Estes Park Town Hall 1 Commission: Chair Bob Leavitt, Vice-Chair Sharry White, Commissioners Nick Smith, Robert Foster, Frank Theis, Steve Murphree Attending: Chair Leavitt, Commissioners, White, Foster, Smith, Murphree and Theis Also Attending: Director Randy Hunt, Town Attorney Greg White, Senior Planner Jeff Woeber, Planner Robin Becker, Town Board Liaison Ron Norris, Code Compliance Officer Linda Hardin, Recording Secretary Karin Swanlund Absent: none Chair Leavitt called the meeting to order at 1:30 p.m. There were approximately 20 people in attendance. 1. OPEN MEETING 2. APPROVAL OF AGENDA It was moved and seconded (Smith/Murphree) to approve the agenda as presented and the motion passed 6-0. 3. PUBLIC COMMENT Kevin Conrad, Arapaho Road, encouraged more Commissioner/Trustee dialog or even a town hall forum for verbal exchange between public and the officials who make decisions, and also suggested a 3 minute time limit per topic, not per person. 4. CONSENT AGENDA Approval of December 18, 2018 Planning Commission meeting minutes. Approval of December 18, 2018 Study Session minutes It was moved and seconded (Theis/White) to approve the consent agenda as presented and the motion passed 6-0. 5. PLANNING COMMISSION BY-LAWS Planner Becker stated that due to the earlier Study Session discussion, this item will be continued to a later meeting. It was moved and seconded (Theis/Foster) to continue the item and the motion passed 6-0. 6. ESTABLISH START TIME FOR PLANNING COMMISSION MEETINGS AND STUDY SESSION RECORD OF PROCEEDINGS Estes Valley Planning Commission January 15, 2019 Board Room, Estes Park Town Hall 2 It was moved and seconded (Leavitt/White) to continue the item and the motion passed 6-0. 7. DEVELOPMENT PLAN, 1551 S. SAINT VRAIN AVENUE, Owner, ESTES PARK HOUSING AUTHORITY Planner Becker reviewed the Development Plan. The property is 1.6 acres and is currently developed with a four-unit apartment building. The applicant is proposing the development of two multi-family residential buildings, having 26 workforce housing units. A lot consolidation was approved and an alternative parking study has been requested. Staff recommended approval of the Peakview Apartment Development Plan with no conditions. Applicant Comments Naomi Hawf, Executive Director of the Estes Park Housing Authority, gave the history of the project and reviewed the income criteria and Restrictive Covenants associated with the project; employed a minimum of 30 weeks/year, minimum one year leases, occupancy of no more than two per bedroom plus one. The hope is to begin construction this year. Steve Lane, Bas1s Architecture, reviewed the site plan for the property including fencing, landscaping, street access, fire department access, lighting and the addition of a bike storage building. The parking study showed that 2.25 spots per unit is likely too high, hence the alternative parking request of 52 spaces rather than 56. Data doesn’t exist regarding school age tenants. There are school bus stops on either side of the property along Highway 7. The nearest crosswalk is 3/10 of a mile away. CDOT can be asked about installing a cross walk near the project property. Landscaping buffers were discussed and an alternate landscape plan was requested. Staff agreed with the analysis of the alternate landscaping plan. Public Comments Richard Ralph, 395 Parkview Lane, requested the PC reject the parking variation and address the issue on whether this is compliant and following the Development Code. Hal Irvine, Pastor of Mountain View Bible Fellowship, expressed that the congregation plans on being a good neighbor and is in favor of the development. Cliff Baker, 1062 Tranquil Lane, asked if there are any options to the placement of the building on the north side due to it being the only side that has residences. He also questioned why the Footprint Rule was not used. Applicant Response: Lane stated that the parking is not a variance, it is an alternate parking schedule and staff has the authority to approve that, per chapter 7 of the EVDC. Fewer parking spaces provides more green space. There are landscaping buffers on the north property line, and the living space and decks of the apartments are on the south side of those apartments. RECORD OF PROCEEDINGS Estes Valley Planning Commission January 15, 2019 Board Room, Estes Park Town Hall 3 Commissioner Discussion Director Hunt explained the Footprint Rule and that it does not apply to a nonconforming structure. Four fewer parking spaces does not seem to be too much of an issue. Concerns were raised about parking in the church lot. The church does have posted signs stating Parking Only for Church Sponsored Events. It was noted that the comment on parking waivers is taken seriously and there are too many waivers being requested. The repeated density bonus requests are getting frustrating. Applicants who are already getting a density bonus should not be asking for additional requests. Putting resources toward getting people across the highway to the bike path instead of a sidewalk to nowhere was suggested. It was recommended that someone from Public Works be on hand for comments any time there is a Development Review. The Housing Authority was commended for the diversity of their plan and the openness with neighbors. Hawf stated that the Housing Authority and the architect will commit to meeting with anyone wanting to discuss any further issues. It was moved and seconded (Leavitt/Murphree) to approve the Peakview Development Plan according to findings of fact. The motion passed 6-0. 8. LOCATION AND EXTENT, 543 Elm Road, Larimer County Maintenance Facility Senior Planner Woeber reviewed the Location and Extent Review for the redevelopment of the existing County Road and Bridge Department Satellite Maintenance Facility. The lot will be reconfigured for the redesign of the facilities and to enable CDOT to take ownership of their own property. The redevelopment of the County and CDOT facilities, the Boundary Line Adjustment and realignment of Range View Road will all be separate applications. Staff recommend approval of the Location and Extent Review. Applicant Comments Jennifer Johnson, Larimer County Planning and Real Estate Manager, presented a power point of the current location and the planned development of the Location and Extent proposal. Larimer County owns two lots, one of which is leased to CDOT. Combining the lots will make for a 10 acre site. The current facility is 62 years old and is in dire need of replacement. 5 neighbors attended the meeting held on December 20. The County has offered to pave a portion of Range View Road. The applicant is not aware of any required soil testing. Public Comments Bill Brown, 340 Elm Road, expressed concerns with realigning Elm Road and Range View and how the grading is going to be addressed. Ryan Leahy, 398 Elm Road, asked what improvements would be made to Elm Road. Applicant Response Todd Juergens, Larimer County Road and Bridge Director, explained that Elm Road and Range View will be realigned from a Y intersection to a 90 degree intersection, with RECORD OF PROCEEDINGS Estes Valley Planning Commission January 15, 2019 Board Room, Estes Park Town Hall 4 Larimer County’s design criteria used to address the grading issue. These roads are not currently publicly maintained, but County would take over maintenance of Elm Road up to Range View and CDOT has committed to pave Range View. The roads will not have curb and gutter, but a road side ditch. Commissioner Discussion Theis inquired about old plans from Elm Road connecting to Elkhorn Lodge and if future impacts might interfere with realignment. It was moved and seconded (White/Smith) to approve the application for a Location and Extend Review for the property at 543 Elm Road with staff findings. The motion passed 6-0. 9. DISCUSSION ON FUTURE CODE AMENDMENTS Park and Recreation facilities/Consistency with Comprehensive Plan Diane Ernst, 147 Stanley Circle Drive, stated there is extensive interest in the community and people are keeping an eye on things. Residents don’t want commercial development, allowed by right, in residential zones. She asked in what residential zoning areas the low intensity commercial development will be allowed. Kevin Conrad, 2240 Arapaho Road, reiterated that there is a lot of concern about the quality of residential areas around town. As a homeowner there are expectations of activities residential in nature, not commercial in nature. Reviewing one development at a time, in a checklist format, may result in losing the overall vision of the Comprehensive Plan. Commission comments:  Make sure discretionary reviews are not being recast as ministerial.  Points will still be made in Development Proposals referring to the Comp Plan.  Adjustments may be made by way of a Code Amendment rather than specific outcome on a Development Plan.  Changes are being made to give a clearer guideline. The Comp Plan should not be used as a basis for denial.  Currently, there is a requirement for the Development Plan to meet goals of Comp Plan, which is legally indefensible, per Attorney White.  The rearrangement, not an uncoupling, is more of a pragmatic use to help make a point and keep on track.  County acknowledges their Development Plan is out of sync, but they “don’t go there” with any of their development plans. RECORD OF PROCEEDINGS Estes Valley Planning Commission January 15, 2019 Board Room, Estes Park Town Hall 5 There being no further business, Chair Leavitt adjourned the meeting at 4:23 p.m. _________________________________ Bob Leavitt, Chair __________________________________ Karin Swanlund, Recording Secretary Resolution In Support of the Joint Planning Area Below is a resolution in support of the Joint Planning Area, which will be discussed and voted on during the EVPC meeting on February 19, 2019. If it is approved it will be given to the Estes Park Town Trustees and Larimer County Commissioners for inclusion in their meeting on the evening of February 19th. Public comments are welcome and it will be on the agenda for the public meeting. We the Estes Valley Planning Commission strongly support the Estes Valley Joint Planning Area (JPA) and the related Intergovernmental Agreement (IGA). Our support is based on the following: ●First and foremost the Estes Valley is one integrated community. In terms of common community interests and concerns, there are no boundaries between the Town and County in the Estes Valley. ●The Estes Valley is unique in that it is landlocked and nearly all of the land is developed. The size of the Estes Valley is not large. Thus, land use planning throughout the Estes Valley is of concern to a wide range of Town and County residents. ●It makes complete sense that land use planning in such a confined geographic area be handled on a coordinated basis. This is why the JPA was implemented more than 20 years ago. ●The Estes Valley Planning Commission is much better equipped to address land use issues in the Estes Valley than the Larimer County Planning Commission due to our knowledge and experience with local land use issues. Our focus is on the Estes Valley. The Larimer County Planning Commission is focused on the entire county and in particular on the front range communities and their issues. ●A primary goal of the new Comprehensive Plan is to create a shared vision for the future of the Estes Valley. This can only be done if there is one Comprehensive Plan for the entire Estes Valley, and this can only be done if the JPA is retained. ●The Comprehensive Plan is much more than a guide for land use planning. It encompases transportation, parking, downtown planning, trails, utilities, water use, flood control and mitigation, fire mitigation, and more. These topics are by definition valley-wide as is land use planning. ●Residents of the county portion of the Estes Valley may have a more difficult time getting their concerns addressed by their county representatives (the Larimer County Planning Department, Larimer County Planning Commission, and the County Commissioners). These County officials have busy schedules and may at times have more pressing issues to address than the concerns of Estes Valley residents. All this activity will take place in Fort Collins rather than Estes Park, unless special meetings are held in Estes Park. ●If the JPA is dissolved the county portion of the Estes Valley will come under the County’s Comprehensive Plan and Development Code. Zoning in the county portion of the valley will have to be redone since the County does not have the same zoning districts as we have in the Estes Valley Development Code. Protections provided to residents by current zoning designations and development code will not necessarily be available after this rezoning. Some neighborhoods, such as Carriage Hills, will be divided with one portion under Town zoning and development codes and another portion under county zoning and development codes. This will create a lot of confusion. ●Dissolving the JPA will increase the dissention and disunity in the Estes Valley. Retaining the JPA together with a new valley-wide Comprehensive Plan will increase cooperation, collaboration, and consensus in the Estes Valley. ●Dissolving the JPA will accentuate the lack of representation that residents experience when development projects are brought forward. There will be no valley-wide forum like the Planning Commission where citizen’s views can be heard. ●The existence of the JPA and IGA allow us to draw on the knowledge and experience of County planning staff as we develop our own unique solutions to Estes Valley land use issues. Given the known negative consequences of dissolving the JPA and the likelihood of additional unintended consequences, the responsible course of action is to retain the JPA and fix existing procedural problems by revising the IGA. Given the critical importance that the JPA has played in Estes Valley planning, no governing body should propose to dissolve the JPA unless it has identified an alternative that can work as well or better than a JPA. Estes Valley Planning Commission February 19, 2019 Proposal to Address the Lack of Representation The following proposal is intended to address the lack of community-wide representation in the review and approval of development projects. This proposal will be discussed and voted on in the EVPC meeting on February 19, 2019. A vote to approve this proposal will direct the Community Development staff to prepare specific code amendments to implement these changes. The EVPC would like to propose a solution to the lack of community-wide representation in the review and approval of development projects. (1) Modify the EVDC so that all development projects with community-wide impact are reviewed and approved by the EVDC rather than Community Development. (2) Require that all appeals of development plan decisions be reviewed and approved by both the Trustees and County Commissioners in separate hearings. This is already being done for code changes so it is not a new concept. Code changes are legislative whereas development plan decisions are quasi-judicial so the governing bodies would need to examine any legal implications of this change. The Estes Valley Planning Commission February 19, 2019 1 COMMUNITY DEVELOPMENT Memo To: Planning Commission From: Robin Becker, Planner I Date: February 19, 2019 RE: Planning Commission Bylaws: Revision / Update Objective: Approval of revisions and updates to the Planning Commission bylaws. Present Situation: The Planning Commission has made edits to the Planning Commission bylaws language at several points since 2000 – the most recent update was in October 2014. Starting in 2018 an update to the Planning Commission bylaws was proposed. Current proposed changes pertain to meeting timeframe being earlier in the day, specifying the time that the meeting should end, providing notification criteria for special meetings, chair term limits and inclusive gender-neutral language regarding chair titles. Staff, due to public comment and suggestion from DOLA (Colorado Department of Local Affairs), brought these edit suggestions to the Planning Commission multiple times earlier this year during study sessions. Public comment specifically requested Planning Commission meetings be held at a more accessible time for those who work normal business hours. DOLA also commented that we are not serving our general public by holding the meetings at 1:30 p.m. instead of later in the day, such as starting at 5:00 p.m. Planning Commission noted interest and concern in moving the meeting times later in the day and having the ability to continue meetings if they run too late. To further confirm that meetings should not go later than necessary, this section has been edited and a paragraph added to address that meetings go no later than 10:00 p.m. Under extenuating circumstances and by majority vote, they may go to 11:00 p.m. per the Commissions discretion. This section has addressed the ability to continue items as the Commission deems fit. Proposal: The primary proposed edits are: • To make the bylaws consistent with the IGA and all amendments. • Allowing the Planning Commission to amend meeting times at the beginning of the year or at other times based on the needs and desires of the community. • Remove any unnecessary or redundant bylaw sections. Clean up inconsistences in language and titles. 2 • Staff is recommending an effective date for the changes several months in the future. A primary reason is to allow changes to be made such as allowing time to book the Town Board Room and Rooms 202/203 for different times and to effectively communicated to the public the changes. Assuming the new bylaws are approved by Planning Commission in February and by the two governing bodies in March, an effective date of May 1, 2019 should allow enough time for these purposes. The sample motion includes May 1, 2019 as the effective date. Advantages: • Allows those who work normal business hours to attend and participate actively in public meetings without having to take the time off work. • Aligns the bylaws and amendments with the IGA • Remove potentially unnecessary or redundant bylaw sections Disadvantages: • Staff and Commissioners may have to stay later than normal for extended meetings. Action Recommended: Staff recommends approval of the proposed changes to the Planning Commission bylaws. Finance/Resource Impact: N/A Level of Public Interest Medium- Public is interested in having later meetings so more business owners and workers can attend meetings following work. Sample Motion: Move that the Planning Commission APPROVE the Estes Valley Planning Commission bylaws revisions and updates as shown in Exhibit A [Green], and forward the revised bylaws to the Town Board of Trustees and Board of County Commissioners with a recommendation for approval, with an effective date of May 1, 2019. Move that the Planning Commission DENY the Estes Valley Planning Commission bylaws revisions and updates as shown in Exhibit A [Green], because... [state reasons for denial] Move that the Planning Commission CONTINUE the Estes Valley Planning Commission bylaws revisions and updates as shown in Exhibit A [Green] to the next regularly scheduled meeting of the Planning Commission, requesting that… [state direction for additional changes to the draft]. Attachments: • Exhibit A [Green]: Planning Commission bylaws (February 19, 2019). Estes Valley Planning Commission Bylaws — Revised February 19, 2019 Page | 1 EXHIBIT A (GREEN) [Planning Commission Final draft: February 19, 2019] ESTES VALLEY PLANNING COMMISSION BY-LAWS (amended February 19, 2019) I. ROLE A. Authority. The Estes Valley Planning Commission (the Commission, EVPC) was jointly established by the Larimer County Board of County Commissioners (the County) and the Town of Estes Park Board of Trustees (the Town) in 2000. The Estes Valley Planning Commission exercises the authority given to it by the Town Board and the Board of County Commissioners, as described in the 2000 Intergovernmental Agreement, and all amendments thereto, (the IGA) between the Town and County, outlined below: 1. Perform ail of the duties and responsibilities of a joint planning commission pursuant to the provisions of the Estes Valley Development Code (EVDC). 2. Perform all of the duties and responsibilities and obligations of the Town and/or County planning commissions set forth in the Colorado Revised Statutes for the Planning area. 3. The Commission shall have authority and be responsible for the Comprehensive Plan. II. MEETINGS A. Regular Meetings. Regular meetings shall be held once per month on the third Tuesday of the month. The Commission shall on the first meeting of each calendar year designate the time and place for its regular meetings. The Commission also may adopt rules for the length of its meetings. Rules shall include provisions that any matter which has been commenced and is still pending at the conclusion of the Commission meetings and all matters scheduled on the approved agenda for consideration at the meeting which have not been considered by the Commission, shall be continued to the next regular Commission meeting or special meeting and shall be placed prior to New Business on said agenda for such meeting. The continuance of any item on the agenda shall be subject to compliance with Chapter 3 of the EVDC. B. Study Sessions. Regular study sessions of the Commission shall be held as needed, beginning approximately two hours prior to each regular or special meeting, with the exact time depending on agenda content. No official action shall be taken and no quorum shall be required for the study session. The study session shall be open to the public. Unless approved by the Chair, participation in a study session shall be limited to the Commission and Staff. Estes Valley Planning Commission Bylaws — Revised February 19, 2019 Page | 2 C. Consent Agenda: 1. An item may be placed on the consent agenda if it is non-controversial and Staff and Applicant have agreed on the findings and conditions of approval. Consent agenda should be verified during the study session. No item that has been advertised for a public hearing shall be placed on the consent agenda. 2. The following procedure shall generally be followed by the Commission when considering consent agenda items: a. Any Commission member, Staff or member of the public may request that an item be removed from the consent agenda and be discussed as a full agenda item prior to or during agenda approval. The reason for the request shall be stated. b. The item removed from the consent agenda will be placed at the start of the regular agenda. c. The item which has been removed from the consent agenda shall be heard by the Commission, based on the issues raised by the request for removal. 3. Only one motion shall be required for approval of all consent items. D. Special Meetings. Special Meetings may be held at any time upon call by the Chair. The Chair shall call a special meeting upon request by the Board of County Commissioners or County Manager, upon request by the Town Board or Town Administrator, or upon request by a majority of the membership of the Commission. Notice of at least three (3) calendar days shall be given to each member of the Commission, including the time, place, and purpose of the Special Meeting. E. Cancellation of Meetings. Regularly scheduled meetings of the Commission may be canceled or rescheduled for good cause by the Chair. F. Meeting Procedures. For matters requiring action by the Commission, the procedure generally shall be as follows: staff report, applicant presentation, open public hearing, close public hearing, applicant rebuttal, moving, discussion, and action by the Commission. Discussion may occur throughout the procedure. G. Open Meetings. All meetings and action of the Commission shall be in full compliance with the State Statutes governing open meetings. It is the responsibility of the Staff to be familiar with the State Statutes. H. Public Comment: The Chair may allow public comment at the beginning of each meeting by any person desiring to speak on any land use matter not on the agenda. The Commission shall not take action on any matter raised by public comment. All public comment shall be relevant to land use matters and shall not be more than three minutes in duration per person. Estes Valley Planning Commission Bylaws — Revised February 19, 2019 Page | 3 III. MEMBERS AND QUORUM A. Membership. The membership, residency, attendance, terms, vacancy and removal for members of the Commission shall be as stated in the IGA. B. Quorum. A quorum for transaction of business shall consist of four (4) members. In a meeting where a quorum is not present, all scheduled matters shall be rescheduled for hearing at the next regular Commission meeting or at a special meeting. C. Action. Action by the Commission shall be by majority vote of the members in attendance at any regular or special meeting which a quorum is present, unless otherwise provided in these Bylaws , required pursuant to State Statute, or pursuant to the IGA. If any motion voted on by the Commission ends in a tie vote, the motion shall be deemed denied. D. Recommendations for Appointment. Upon request by the Town Board and/or Board of County Commissioners, the Commission shall make recommendations for appointments to the Commission. IV. OFFICERS A. Officers. There shall be a Chair and a Vice-Chair for the Commission. Each shall be a member of the Commission and serve for a one-year term. The Community Development Department administrative assistant or designee shall serve as Recording Secretary. The Commission may appoint such other officers as the Commission deems necessary for the conduct of its business. Such other officers may be non-members of the Commission. B. Elections. Officers shall be elected by a majority vote of the members in attendance at the first regularly scheduled meeting of each year. Notification of who is elected Chair and Vice-Chair shall be sent to the Town Clerk and the Board of County Commissioners. C. Chair responsibilities: 1. Preside at all meetings; 2. Ensure that all meetings are conducted with decorum and efficiency; 3. Call special meetings in accordance with the by-laws; 4. Sign any documents prepared by the Commission for submission to the Town or County; 5. See that decisions of the Commission are implemented; 6. Represent the Commission in dealings with the Town Board and Board of County Commissioners or other organizations. The Chair has the same right as any other member of the Commission to vote and address all matters before the Commission. Estes Valley Planning Commission Bylaws — Revised February 19, 2019 Page | 4 D. Vice-Chair responsibilities: 1. Preside at meetings or perform other duties of the Chair in the event the Chair is absent or unable to act; 2. Assist the Chair as requested. E. Chair Pro Tern responsibilities: 1. In the event the Chair and the Vice-Chair are both absent or unable to act, a member shall be designated by the other members of the Commission to temporarily perform the responsibilities of the Chair. F. Recording Secretary responsibilities: 1. Sign or attest the signature of the Chair or Vice-Chair on the documents of the Commission as may be necessary; 2. Prepare and keep the minutes of all meetings of the Commission in an appropriate designated file; 3. Give and serve all notices required by State Statute, Town or County regulations or the bylaws; 4. Prepare the agenda in consultation with the Chair and Staff for all meetings of the Commission; 5. Be custodian of Commission records; 6. Inform the Commission of correspondence relating to business of the Commission and attend to such correspondence. G. Removal from Office. Any officer may be removed from office by a majority vote of the members of the Commission in attendance, provided that at least thirty days’ notice has been given to all members that removal of the officer will be considered at such meeting. H. Officer Vacancies. If any office is vacant, the members of the Commission shall elect a member to fill the office for the remainder of the term. V. GENERAL PROVISIONS A. By-laws. These by-laws may be amended at any regular or special meeting of the Commission by a majority vote of the members of the Commission in attendance. Any amendments shall be subject to review and approval by the Town Board and Board of County Commissioners. B. Documentation. All maps, plats, correspondence, and other documentation shall be filed in the office of the Town of Estes Park Community Development Department and adequate materials sent to the Commission members. Any materials presented at a hearing or meeting by the Applicant or the public shall become part of the official record, and at the discretion of the Chair, may or may not be returned. Estes Valley Planning Commission Bylaws — Revised February 19, 2019 Page | 5 VI. COMPLIANCE WITH TOWN AND COUNTY POLICIES A. Compliance with Town and County Policies: In addition to these Bylaws the Commission and all members are subject to and shall comply with all jointly adopted policies of the Town and the County which specifically reference the Commission and/or Commission members. VII. CONFLICT OF INTEREST A. Conflict of Interest. All members of the Commission are subject to the standards of conduct under the State of Colorado Code of Ethics, Sections 24-18-101 et seq C.R.S., and Article XXIX of the Colorado Constitution (Amendment 41. .At the time of introduction of an individual item on the Commission agenda in which the member has a conflict of interest, the member shall state that he or she has a conflict of interest and then abstain from participating and voting on the matter. A member having a conflict of interest on any matter shall not attempt to influence other members of the Commission at any time with regard to said matter. Estes Valley Planning Commission Bylaws — Revised February 19, Fall 2018January 2019 Page | 1 EXHIBIT A (GREEN) [Planning Commission draft: February 19, 2019] ESTES VALLEY PLANNING COMMISSION BY-LAWS (amended February 1 9, 2019 Including redline changes made between January 15,- February 19, 2019 ) I. ROLE A. Authority. The Estes Valley Planning Commission (the Commission, EVPC) was jointly established by the Larimer County Board of County Commissioners (the County) and the Town of Estes Park Board of Trustees (the Town) in 2000. The Estes Valley Planning Commission exercises the authority given to it by the Town Board and the Board of County Commissioners, as described in the 2000 Intergovernmental Agreement, and all amendments thereto, (the IGA) between the Town and County, outlined below: 1. Perform ail of the duties and responsibilities of a joint planning commission pursuant to the provisions of the Estes Valley Development Code (EVDC). 2. Perform all of the duties and responsibilities and obligations of the Town and/or County planning commissions set forth in the Colorado Revised Statutes for the Planning area. 3. The Commission shall have authority and be responsible for the Comprehensive Plan. II. MEETINGS A. Regular Meetings. Regular meetings shall be held once per month on the third Tuesday of the month. The Commission shall on the first meeting of each calendar year designate the time and place for its regular meetings. The Commission also may adopt rules for the length of its meetings. Rules shall include provisions that any matter which has been commenced and is still pending at the conclusion of the Commission meetings and all matters scheduled on the approved agenda for consideration at the meeting which have not been considered by the Commission, shall be continued to the next regular Commission meeting or special meeting and shall be placed prior to New Business on said agenda for such meeting. The continuance of any item on the agenda shall be subject to compliance with Chapter 3 of the EVDC. B. Study Sessions. Regular study sessions of the Commission shall be held as needed, beginning approximately two hours prior to each regular or special meeting, with the exact time depending on agenda content. No official action shall be taken and no quorum shall be required for the study session. The study session shall be open to the public. Unless requested approved by the Chair, participation in a study session shall be limited to the Commission and staffStaff. Estes Valley Planning Commission Bylaws — Revised February 19, Fall 2018January 2019 Page | 2 C. Consent Agenda: 1. An item may be placed on the consent agenda if it is non-controversial and staff Staff and Applicant have agreed on the findings and conditions of approval. Consent agenda should be verified during the study session. No item that has been advertised for a public hearing shall be placed on the consent agenda. 2. The following procedure shall generally be followed by the Commission when considering consent agenda items: a. Any Commission member, staff Staff or member of the public may request that an item be removed from the consent agenda and be discussed as a full agenda item prior to or during Agenda agenda Approvalapproval. The reason for the request shall be stated. b. The item pulled removed from the consent agenda will be placed at the start of the regular agenda. c. The item which has been removed from the consent agenda shall be heard by the Commission, based on the issues raised by the request for removal. 3. Only one motion shall be required for approval of all consent items. D. Special Meetings. Special Meetings may be held at any time upon call by the Chair. The Chair shall call a special meeting upon request by the Board of County Commissioners or County Manager, upon request by the Town Board or Town Administrator, or upon request by a majority of the membership of the Commission. Notice of at least three (3) calendar days shall be given to each member of the Commission, including the time, place, and purpose of the Special Meeting. E. Cancellation of Meetings. Regularly scheduled meetings of the Commission may be canceled or rescheduled for good cause by the Chair. F. Meeting Procedures. For matters requiring action by the Commission, the procedure generally shall be as follows: staff report, applicant presentation, open public hearing, close public hearing, applicant rebuttal, moving, discussion, and action by the Commission. Discussion may occur throughout the procedure. G. Open Meetings. All meetings and action of the Board Commission shall be in full compliance with the State Statutes governing open meetings. It is the responsibility of the Staff Liaison to be familiar with these State statutes Statutesand regulations. H. Public Comment: The Chair may allow public comment at the beginning of each meeting by any person desiring to speak on any land use matter not on the agenda. The Commission shall not take action on any matter raised by public comment. All public comment shall be relevant to land use matters and shall not be more than three minutes in duration per person. Estes Valley Planning Commission Bylaws — Revised February 19, Fall 2018January 2019 Page | 3 III. MEMBERS AND QUORUM A. Membership. The membership, residency, attendance, terms, vacancy and removal for members of the Commission shall be as stated in the IGA. B. Quorum. A quorum for transaction of business shall consist of four (4) members. In a meeting where a quorum is not present, all scheduled matters shall be rescheduled for hearing at the next regular Commission meeting or at a special meeting. C. Action. Action by the Commission shall be by majority vote of the members attending in attendance at any regular or special meeting at which a quorum is present, unless otherwise provided in these Bylaws, or required pursuant to State Statute, or pursuant to the IGA. If Any any motion voted on by the Commission which ends in a tie vote, the motion shall be deemed denied. D. Recommendations for Appointment. Upon request by the Town Board and/or Board of County Commissioners, the Commission shall make recommendations for appointments to the BoardCommission. IV. OFFICERS A. Officers. There shall be a Chair and a Vice-Chair for the Commission. Each shall be a member of the Commission and serve for a one-year term. The Community Development Department administrative assistant or designee shall serve as Recording Secretary. The Commission may appoint such other officers as the Commission deems necessary for the conduct of its business. Such other officers may be non-members of the Commission. B. Elections. Officers shall be elected by a majority vote of the members annually in attendance at the first regularly scheduled meeting of each year. Officers shall be members of the Board. Notification of who is elected Chair and Vice-Chair shall be sent to the Town Clerk and the Board of County Commissioners. C. Chairperson responsibilities: 1. Preside at all meetings; 2. Ensure that all meetings are conducted with decorum and efficiency; 3. Call special meetings in accordance with the by-laws; 4. Sign any documents prepared by the Commission for submission to the Town or County Board or departments; 5. See that decisions of the Board Commission are implemented; 6. Represent the Board Commission in dealings with the Town Board and Board of County Commissioners or other organizations. Estes Valley Planning Commission Bylaws — Revised February 19, Fall 2018January 2019 Page | 4 The Chair has the same right as any other member of the Commission to vote and address all matters before the Commission. D. Vice-Chairperson responsibilities: 1. Preside over at meetings or perform other duties of the Chair in the event the Chair is absent or unable to act; 2. Assist the Chair as requested. E. Chair Pro Tern responsibilities: 1. In the event the Chair and the Vice-Chair are both absent or unable to act, a member shall be designated by the other members of the Commission to temporarily perform the responsibilities of the Chair. F. Recording Secretary responsibilities: 1. Sign or attest the signature of the Chair or Vice-Chair on the documents of the Commission as may be necessary; 2. Prepare and keep the minutes of all meetings of the Commission in an appropriate designated file; 3. Give and serve all notices required by State Statute, Town or County regulations or the bylaws; 4. Prepare the agenda in consultation with the Chair, or designee, and Staff for all meetings of the Commission; 5. Be custodian of Commission records; 6. Inform the Board Commission of correspondence relating to business of the Board Commission and attend to such correspondence. G. Removal from Office. Any officer may be removed from office by a majority vote of the members of the Commission in attendance at a meeting, provided that at least thirty days’ notice has been given to all members that removal of the officer will be considered at such meeting. H. Officer Vacancies. If any office is vacant, the members of the Commission shall elect a member to fill the office for the remainder of the term. V. GENERAL PROVISIONS A. By-laws. These by-laws may be amended at any regular or special meeting of the Estes Valley Planning Commission by a majority vote of the membership of the Commission in attendance. Any amendments shall be subject to review and approval by the Town Board and Board of County Commissioners. B. Documentation. All maps, plats, correspondence, and other documentation shall be filed in the office of the Town of Estes Park Community Development Department and adequate materials sent to the Commission members. Any materials presented at a hearing or meeting Estes Valley Planning Commission Bylaws — Revised February 19, Fall 2018January 2019 Page | 5 by the Applicant or the public shall become part of the official record, and at the discretion of the Chair, may or may not be returned. VI. COMPLIANCE WITH TOWN AND COUNTY POLICIES A. Compliance with Town and County Policies: In addition to these Bylaws the Commission and all members are subject to and shall comply with all relevant jointly adopted policies of the Town and the County which specifically reference the Commission and/or Commission members. VII. CONFLICT OF INTEREST A. Conflict of Interest. All members of the Commission are subject to the standards of conduct under the State of Colorado Code of Ethics, Sections 24-18-101 et seq C.R.S., and Political Article XXIX of the Colorado Constitution (Amendment 41) or any other applicable policies of the Town and/or the County. .At the time of introduction of an individual item on the Commission Agenda agenda in which the member has a conflict of interest, the member shall state that he or she has a conflict of interest and then abstain from participating and voting on the matter. A member having a conflict of interest on any matter shall not attempt to influence other members of the Commission at any time with regard to said matter. Estes Valley Planning Commission Bylaws —– Revised February 19,2019Fall 2014 Page | 1 EXHIBIT A (GREEN) [Planning Commission draft: February 19, 2019] ESTES VALLEY PLANNING COMMISSION BY-LAWS (amended including all redline changes from Fall 2014-February 19, 2019 February 19, 2019)Fall 2014) I. ROLE A. Authority. The Estes Valley Planning Commission (the Commission, EVPC) was jointly established by the Larimer County Board of County Commissioners (the County) and the Town of Estes Park Board of Trustees (the Town) in 2000. The Estes Valley Planning Commission exercises the authority given to it by the Town Board and the Board of County CommissionersCommission, as described in the 2000 Intergovernmental Agreement, and all amendments thereto, (the (IGA) between the Town and County, outlined below: 1. Perform ailall of the duties and responsibilities of a joint planning commission pursuant to the provisions of the Estes Valley Development Code (EVDC). 2. Perform all of the duties and responsibilities and obligations of the Town and/or County planning commissions set forth in the Colorado Revised Statutes for the Planning area. 3. The Commission shall have authority and be responsible for the Comprehensive Plan. II. MEETINGS A. A. Regular Meetings. Regular meetings shall be held at least once per month on, generally during the afternoon of the third Tuesday of the month. The Meetings should end no later than 5:00 PM, unless the Commission shall ondetermines the first meeting of each calendar year designate the time and place for its regular meetings. The Commission also may adopt rules for the length of its meetings. Rules shall include provisions that any matter should be extended. Any item on the agenda which has been commencedcannot be heard and is still pending atconsidered by the conclusion of the Commission meetings and all matters meeting may be continued until and heard at the next regularly scheduled on the approved agenda for consideration at the meeting which have not been considered by the Commission, shall be continued to the next regular Commission meeting or speciala specially scheduled meeting and shall be placed prior to New Business on said agenda for such meeting. The continuance of any item on the agenda shall be subject to compliance with Chapter 3 of the EVDChave priority over any other matters to be heard and considered. Estes Valley Planning Commission Bylaws —– Revised February 19,2019Fall 2014 Page | 2 B. B. Study Sessions. Regular study sessions of the Commission shall be held as needed, beginning approximately two hours prior to each regular or special meeting, with the exact time depending on agenda content. No official action shall be taken and no quorum shall be required for the study session. The study session shall be open to the public. Unless approvedrequested by the Chair, participation in a study session shall be limited to the Commission and Staffstaff. C. C. Consent Agenda:. 1. 1. An item may be placed on the consent agenda if it is non-controversial and Staffstaff and Applicant have agreed on the findings and conditions of approval. Consent agenda should be verified during the study session. No item that has been advertised for a public hearing shall be placed on the consent agenda. 3. 2. The following procedure shallwill generally be followed by the Commission when considering consent agenda items: a. Any Commission member, StaffCommissioner or member of the public may request that an item be removed from the consent agenda and be discussed as a full agenda hearing item prior to or during agenda approval.. The reason for the request shallshould be stated. b. The item removedpulled from the consent agenda will be placed at the start of the regular hearing agenda. c.b. The Chair will then conduct an abbreviated public hearing on each item which has been removed from the consent agenda shall be heard by the Commission, based on the issues raised by the request forthose requesting removal. c. 3. Only one motion shall beis required for approval of all consent items. Special Meetings. D. Special Meetings may be held at any time upon call by the Chair. The D. Chair shall call a special meeting upon request by the Board of County Commissioners or County Manager, upon request by the Town Board or Town Administrator, or upon request by a majority of the membership of the Commission. Notice of at least three (3) calendar days shall be given to each member of the Commission, including the. The time, place, and purpose of the Special Meeting. shall be specified in the notice. E. E. Cancellation of Meetings. Regularly scheduled meetings of the Commission may be canceled or rescheduled for good causeupon determination by the Chair. F. F. Meeting Procedures. For matters requiring action by the Commission, theparliamentary procedure generally shall be as follows:followed in staff report, applicant Estes Valley Planning Commission Bylaws —– Revised February 19,2019Fall 2014 Page | 3 presentation, open public hearing, close public hearing, applicant rebuttal, moving, discussion, and action by theacting on such matters. Planning Commission. Discussion discussion may occur throughout the procedure. G. Open Meetings. All meetings and action of the CommissionBoard shall be in full compliance with the State Statutes governing open meetings, as amended and incorporated herein by reference. It is the responsibility of the Staff Liaison to be familiar with the State Statutes.these statutes H. Public Comment: and regulations. The Chair may allow public comment"personal appearances" at the beginning of each meeting by any personcitizen desiring to speak on any land useplanning matter not on the agenda. The Commission shall not take action on any matter raised by public comment. All public commentitems presented under personal appearances. Any statement made shall be relevant to land use matters and shall be not be more than three minutes per person in duration per person. H. Attendance by Non-members. Meetings may be attended by persons who are not members of the Commission. At the discretion of the Chair, nonmembers may be allowed to speak at meetings. However, in no event shall nonmembers be allowed to vote on matters for which a vote is required. III. MEMBERS AND QUORUM A. A. Membership. The membership, residency, attendance, terms, vacancy and removal for members of the Commission shall be consist of seven (7) members as statedspecified in the IGA.Intergovernmental Agreement between the County and the Town. The number of members of the Commission may be changed by agreement between the County and the Town. B. Terms. Members shall be appointed to a four-year term. The terms of the members shall be staggered. C. Vacancies shall be filled by appointment by the Town or County, as applicable, for the unexpired portion of the term of the position to be filled. D. Recommendations for Appointment. Upon request by the Town Board and/or Board of County Commission, the Commission shall make recommendations for appointments to the Board. E. Ex-officio members of the Board shall not vote on matters requiring a vote by the Board. 1. Ex-officio members shall receive copies of all notices documents, and records of proceedings of the Board. 2. Ex-officio members shall not be entitled to vote on motions before the Board. Estes Valley Planning Commission Bylaws —– Revised February 19,2019Fall 2014 Page | 4 B. F. Quorum. A quorum for transaction of business shall consist of four (4) members. In a meeting where a quorum is not present, all scheduled matters shall be rescheduled for hearing at the next regular Commission meeting, or at a special meeting. C H. Action. Action by the Commission shall be by majority vote of the members in attendance atattending any regular or special meeting at which a quorum is present, unless otherwise provided in these Bylaws ,By-laws or required pursuant to State Statute, or pursuant to the IGA. If any motion voted on by the Commission ends in a tie vote, the motion shall be deemed denied. D. Recommendations for Appointment. Upon request by the Town Board and/or Board of County Commissioners, the Commission shall make recommendations for appointments to the Commission.Agreement. IV. OFFICERS A. A. Officers. There shall be a Chair and a Vice-Chair for the Commission. Each shall be a member of the Commission and serve for a onetwo-year term. The Chair and Vice-Chair shall be chosen by members of the Commission. The Community Development Department administrative assistant or designee shall serve as Recording Secretary. The Commission may appoint such other officers as the Commission deems necessary for the conduct of its business. Such other officers may be non-members of the Commission. B. Elections. Officers shall be elected by a majority vote of the members in attendanceannually, at the first regularly scheduled meeting of each year. Officers shall be members of the Board. Notification of who is elected Chair and Vice-Chair shallwill be sent to the Town Clerk and the Board of County Commissioners.Commission. C. ChairChairperson responsibilities: 1. 1. Preside at all meetings; 2. 2. Ensure that all meetings are conducted with decorum and efficiency; 3. 3. Call special meetings in accordance with the by-laws; 4. 4. Sign any documents prepared by the Commission for submission to the Town or County Board or departments; 5. 5. See that decisions of the CommissionBoard are implemented; 6. 6. Represent the CommissionBoard in dealings with the Town Board and Board of County Commissioners or other organizations.; 7. The Chair has the same right as any other member of the Commission to vote and address allon matters before the Commission. Board and to speak for or against proposals, provided, however, that if the Chair desires to speak for or against a proposal which has been formally moved and seconded at a public meeting, the Chair shall relinquish the chair to the Vice-Chai while he or she is speaking. D. Vice-ChairChairperson responsibilities: 1. Assist the Chair as requested; Estes Valley Planning Commission Bylaws —– Revised February 19,2019Fall 2014 Page | 5 2. Accept and undertake duties delegated by the Chair; 1. 3. Preside atover meetings or perform other duties of the Chair in the event the Chair is absent or unable to act;. Assist the Chair as requested. 2. E. Chair Pro TernTem responsibilities: 1. In the event the Chair and the Vice-Chair are both absent or unable to act, a member shall be designated by the other members of the Commission to temporarilyelected to perform the responsibilities of the Chair. F. Recording Secretary responsibilities: 1. Sign or attest the signature of the Chair or Vice-Chair on the documents of the Commission as may be necessary; 2. Prepare and keep the minutes of all meetings of the Commission in an appropriate and designated file; 3. Give and serve all notices required by State Statute, Town or County regulations or the bylaws; 4. Prepare the agenda in consultation with the Chair and Staff, or designee, for all meetings of the Commission; 5. Be custodian of Commission records; 1. Inform the CommissionBoard of correspondence relating to business of the CommissionBoard and attend to such correspondence. 6. G. Removal from Office. Any officer may be removed from office by a majority vote of the members of the Commission in attendance, at a meeting provided that at least thirty days’days notice has been given to all members that removal of the officer will be considered at such meeting. H. Officer Vacancies. If any office is vacant, the members of the Commission shall elect a member to fill the office for the remainder of the term. Residential requirements may be suspended by a majority vote of the Commission and the Boards. V. ATTENDANCE A. All members shall attend all meetings, including special meeting of the Commission, if possible. In the event any member misses three (3) consecutive regular meetings or a total of four (4) regular meetings in a calendar year, the Town or the County may remove its appointed member and designate a new member to fill the vacancy. The County appointed member who is subject to Town approval may be removed by the County without Town approval. However, the County shall receive Town approval for the replacement member. V. VI. GENERAL PROVISIONS A. By-laws. Estes Valley Planning Commission Bylaws —– Revised February 19,2019Fall 2014 Page | 6 A. These by-laws may be amended at any regular or special meeting of the CommissionEstes Valley Board of Adjustment by a majority vote of the members of the Commission in attendance.of the membership of the Board provided that notice of such possible amendments is given to all members at least 20 days prior to the meeting at which action is to be taken. Any amendments shall be subject to review and approval by the Town Board and Board of County Commissioners. B. B. Documentation. All maps, plats, correspondence, and other documentation shall be filed in the office of the Town of Estes Park Community Development Department and adequate materials sent to the Commission members. Any materials presented at a hearing or meeting by the Applicant or the public shall become part of the official record, and at the discretion of the Chair, may orchair may not be returned. VII. VI. COMPLIANCE WITH TOWN AND COUNTY POLICIES: A. Compliance with Town and County Policies:. In addition to these Bylawsbylaws, the Commission and all members are subject to and shall comply with all jointly adopted policies operates under the terms of the Town and the of Estes Park operating policy 102 and County which specifically reference the Commission and/or Commission members. policy on Committees, Policy 100.1, as amended. The terms of these policies are incorporated in these bylaws by this reference. A copy of that procedure, along with these bylaws, shall be provided to each member at the time of their appointment. B. VolunteerVII. CONFLICT OF INTEREST A. Conflict of Interest. All members of the Commission are subjectappointed by the Town Board will act in accordance to the standards of conduct under the State of Colorado Code of Ethics, Sections 24-18-101 et seq C.R.S., and Article XXIXadopted Town Volunteer Manual. C. Volunteer members of the Colorado Constitution (Amendment 41. .AtBoard appointed by the time of introduction of an individual item on County Commission will act in accordance to the Commission agenda in which the member has a adopted policies. VIII. CONFLICT OF INTEREST: A. A conflict of interest, the member shall state that he occurs when a person’s private, personal relationships or interests diverge so that an independent observer may reasonably question whether the person’s actions or she has a conflict of decisions are determined by personal benefit, gain, or advantage. B. Members of committees shall not use their membership for private gain, and shall act impartially and not give preferential treatment to any private organization or individual. C. A member of any committee who has a personal or private interest and then abstain from participating and voting on the matter. A member havingin a conflict of matter proposed or pending shall disclose such interest on any matterto the committee; shall Estes Valley Planning Commission Bylaws —– Revised February 19,2019Fall 2014 Page | 7 not vote on the item; and shall not attempt to influence the decisions of other members voting on the matter. Adopted this ___ day of _________, 20__ ESTES VALLEY PLANNING COMMISSION By:_______________ Betty Hull, Chair Approved this ___day of the Commission at any time with regard to said matter._______, 20__ ESTES PARK BOARD OF TRUSTEES By: ________________ William Pinkham, Mayor Approved this ____ day of __________, 20__ LARIMER COUNTY BOARD OF COUNTY COMMISSIONERS By: ___________________ Tom Donnelly, Chair COMMUNITY DEVELOPMENT Staff Report To: Estes Valley Planning Commission From: Linda Hardin, Code Compliance Officer Date: February 19, 2019 RE: Amendment to the Estes Valley Development Code, §5.1.B. Vacation Home. Planning Commission Objective: Review and provide a recommendation for a proposed text amendment to the Estes Valley Development Code (EVDC):  To review the current conditions with regard to the vacation home regulations;  To amend regulations as deemed necessary;  To make a recommendation to the Estes Park Town Board of Trustees and the Larimer County Board of Commissioners Present Situation: On December 15, 2016, the Town of Estes Park Board of Trustees and the Larimer County Board of Commissioners adopted strong and enforceable codes to regulate short-term vacation rentals in the Estes Valley. Every aspect of the code was addressed to create an environment where vacation homes and residents could co-exist with minimal issues. After two (2) years of enforcing the new regulations it has been suggested that it is time to review and update the codes where necessary. In general, the new codes have proven to be effective. We have registered 774 vacation homes in the Estes Valley, with the cap of 588 having been reached in residential zoning districts. Every one of these homes has gone through the rigorous registration process, which includes neighbor notifications, zoning inspection and compliance with exterior lighting and wildlife protection. As we work with these codes, there have been a few items that need clarification or redirection. For that reason, with guidance from the Planning Commission, the EVDC is recommended for amendment to meet current conditions. Proposal: To recommend amendments the EVDC as outlined in Exhibit A (Red), to the Town Board and County Commissioners as summarized here:  Stipulate that only the property owner can apply for a vacation home registration;  To add better defined timelines for vacation home owners to complete their registrations;  Remove unnecessary language with regard to the original transition period (which has now expired);  Clarify that the registration stays with the property and is non -transferable to another location;  Add a requirement that vacation homes must be rented for a specified period of time to maintain the registration;  Expand the reach for property managers to reside within 1 hour, versus requiring they reside in the Estes Valley;  Requiring the new owners submit the transfer application within fifteen (15) days from acquiring the property;  Removed the requirement of including local representative or property manager information be included in the neighbor notifications;  Update the number of allowed vehicles parked on the property to align with the number of bedrooms in the home;  Add references to both the Sign Codes and Wildlife Ordinances to accommodate stronger enforcement through the EVDC. Staff Findings of Fact: The text amendment complies with EVDC §3.3.D (Code Amendments – Standards for Review). §3.3.D Code Amendments, Standards for Review “All rezonings and text amendments to the EVDC shall meet the following criteria.” 1. “The amendment is necessary to address changes in conditions in the areas affected;” Staff Finding: The amendment is necessary to address changes in conditions in the area affected. 2. “The development plan, which the proposed amendment to this Code would allow, is compatible and consistent with the policies and intent of the Comprehensive Plan and with existing growth and development patterns in the Estes Valley; and” Staff Finding: The proposed text amendment is compatible and consistent with the intent of the Comprehensive Plan and with existing growth and development patterns in the Estes Valley. 3. “The Town, County or other relevant service providers shall have the ability to provide adequate services and facilities that might be required if the application were approved.” Staff Finding: Providers of public water, sewage disposal, electric services, fire protection, and transportation services have expressed no concerns with the proposed amendment in principle. Advantages:  Bring the codes up to date with the current conditions;  Eliminate confusion in certain areas of the code by tightening up the language;  Potentially open up registrations for some on the waitlist;  Provide enforceability for signs and wildlife protection outside the town boundary. Disadvantages:  Disallow the “holding” of a registration for possible future use, increase property value or prevent another registration from occurring  Additional controls to the vacation home industry will require educating home owners and property managers of the new requirements, which ultimately includes staff time. Action Recommended: It is recommended by staff that the Planning Commission make a recommendation to the Governing bodies to adopt the amendments to the EVDC regarding vacation home regulations [Exhibit A (Red)]. Finance/Resource Impact: Additional staff time and resources will be required initially to inform the vacation home community of the amendments. Level of Public Interest Vacation homes in general have been an issue of high public interest. However, we have only received one written comment regarding these amendments. Sample Motion: I move that the Planning Commission recommend approval and adoption of amending the vacation home regulations per Exhibit A (Red) [state findings of fact]. I move that the Planning Commission recommend denial of amending the vacation home regulations per Exhibit A (Red) [state findings of fact]. I move that the Planning Commission continue the vacation home code amendment as shown in Exhibit A (Red) to the next regularly scheduled meeting of the Planning Commission, requesting that…[state direction for additional changes to the draft]. Attachments: Exhibit A (Red) – Code Amendment Public Comment email EXHIBIT A [Red] [CHAPTER 5 – USE REGULATIONS, §5.1.B] Estes Valley Planning Commission: February 19, 2019 § 5.1 - SPECIFIC USE STANDARDS B. Vacation Home. 1. All vacation homes shall be subject to the following: a. Annual Operating Registration. (1) All vacation homes shall obtain an operating registration on an annual basis, according to an application period as specified in this Code. An operating registration shall be effective on and following the date of issuance for all of the remaining calendar year in which it is issued, unless suspended or revoked for cause, provided that registered vacation homes may continue operation during January 1 and March 31 of any calendar year following a year in which the vacation home was duly registered. (2) If the property is located within Town limits, the business license shall be considered the operating registration. If the property is within the unincorporated Estes Valley, an operating registration shall be obtained from the Town of Estes Park Town Clerk's Office. The property owner of record at the time of application shall sign any application for a vacation home registration. (3) Beginning January 1, 2017, the annual period for filing operating registration applications shall begin January 1 of each year and end on March 31 of eac h year, in accordance with subsection (1). Issuance of an operating registration between April 1 and December 31 in any given calendar year shall take place on a schedule determined by the Town Clerk's office and such schedule shall be at the sole discretion of the Town. Registration applications shall be completed within ninety (90) days from issuance of the packet from the Community Development Department. Registrations not completed within ninety (90) days will be voided and are subject to reapplication by the property owner. New applications for vacation homes in residential zoning districts shall be placed on the wait list if the cap is full. (4) Pro-ration and partial reduction in any required registration fees for an operating registration issued after January 1 in any given year shall not be authorized. (5) No more than one (1) operating registration shall be issued and effective in any given calendar year for each vacation home. An active registration for a specific vacation home shall be transferable to a different owner in accordance with procedures in this Code and as established by the Town Clerk's Office. A registration assigned to a vacation home shall not be transferred to another vacation home of the same or different ownership. (6) Effective December 16, 2016, vacation home operating registrations in residential zoning districts (designated herein as zoning districts E, E-1, R, R-1, R-2, RE, RE-1, and RM) shall be held at a maximum total ("cap") of 588 registrations in effect at any given time. This cap shall be reviewed annually by the Planning Commission and governing Boards, in or near the month of April beginning in or near April 2017. Applications received at any time such that their approval would cause the cap to be exceeded shall be held and kept on file in the order they are received and deemed complete by the Town Clerk's Office. Registrations held on such list shall be issued during the calendar year as operating registrations may become available. (7) Vacation homes in non-residential zoning districts (designated as all zoning districts except those enumerated in the preceding subsection) shall not be included in or subject to this cap. (8) Beginning December 16, 2016, every vacation home for which an operating application is made shall require that the vacation home undergo and pass an initial inspection in accordance with this Code prior to issuance of the operating registration. (9) [Reserved] Vacation homes in residential zoning districts shall be rented for a cumulative period of no less than fifteen (15) days in each calendar year. Property owners shall sign an affidavit with the renewal verifying they have rented their property as required. Further evidence of rentals may be required at the discretion of the Community Development Director. (10) Issuance of an operating registration for a vacation home shall not constitute a zoning entitlement for a property's use as a vacation home, nor shall absence of an operating registration for a vacation home constitute removal or abrogation of a property's zoning permissibility for use as a vacation home. However, both appropriate zoning permission and compliance and a valid current operating registration shall be necessary elements in order for operation as a vacation home to occur. (11) Operating registrations that are deemed active as of December 31 in any given year shall have priority for renewal in the following calendar year over any new operating registration applications, provided a re-application renewal for said active registration is received and deemed complete, all required inspections passed, and fees paid by March 31 of the renewal calendar year. (12) Local Representative. The registration shall designate a local resident or local property manager in the Estes Valley whose principal residence is located within one (1) hour drive time of the Estes Valley, who can be contacted by telephone and is available when the vacation home is rented, regarding any violation of the provisions of this Section. The person set forth on the application shall be the representative of the owner for immediate violation resolution purposes with regard to the operation of the vacation home. The local representative may be the same person as the property owner. An annual operating registration shall not be valid unless the property owner, and the designated local representative (if different), sign the operating registration application acknowledging all vacation home regulations. If the local representative changes during the calendar year, it shall be the responsibility of the property owner to notify the Town Clerk within fifteen (15) days of change, and to ensure the new local representative is knowledgeable of all vacation home regulations. (13) If the property owner changes during the calendar year, it shall be the responsibility of the new property owner of record to transfer the operating registration into his/her name within fifteen (15) days of transfer of ownership, and to ensure all other regulations in this Section are in compliance. (13) (14) State Sales Tax License. A condition of issuance of the annual operating registration shall be proof of a current sales tax license, provided by the applicant. (14) (15) Violations. The relevant Decision-Making Entity may deny or withhold the renewal of an annual operating registration until a violation related to such property, use or development is corrected, in accordance with §12.4.A.1. The relevant Decision-Making Entity may revoke or suspend the annual operating registration at any time in accordance with §12.4.A.2. Operating the vacation home during any such period of suspension or revocation shall be a violation of this Code. Appeals to this section shall be made in accordance with the appeals process in the Estes Valley Development Code. (15) Nothing described herein shall limit the Town or County, within their respective jurisdictions, from exercising other remedies and enforcement powers pursuant to Chapter 12 of this Code or other penalties and enforcement powers as may be available at law. b. Estes Park Municipal Code. Properties located within the Town of Estes Park shall comply with all the conditions and requirements set forth in the Town of Estes Park Municipal Code, Chapter 5.20 (Business Licenses). In case of conflict between Chapter 5.20 and provisions of §5.1.B of this Code, the provisions of §5.1.B of this Code shall control. c. Residential Character in Residential Zoning Districts. Vacation homes in residential zoning districts as designated in this Section shall not be designed or operated in a manner that is out of character with residential use of a dwelling unit by one household. This includes, but is not limited to, the following: (1) Design shall be compatible, in terms of building scale, mass and character, with low - intensity, low-scale residential use. (2) For purposes of §5.1.B of this Code, "bedroom" and "sleeping room" are deemed equivalent terms to each other, and equivalent to a sleeping space pursuant to the currently adopted and applicable International Building Codes. Kitche n facilities shall be limited to be consistent with single-family residential use. No kitchen facilities or cooking shall be allowed in guest rooms, sleeping rooms or bedrooms. d. Postings. (1) Vacation homes in all zoning districts shall have a clearly legible notice posted on-site. The posted notice shall be provided by the Town Clerk's Office at the time the operating-registration is initially applied for, shall be posted in a prominent location inside the vacation home prior to or during the initial inspection, and shall remain posted in the same location for the duration of its use as a vacation home. The posted notice shall include standard contents as determined and approved by the Community Development Department. (2) Property Line Boundaries: The property owner or local representative shall inform all occupants of property boundaries. (3) Property owner or local representative shall include in all print or online advertising the operating registration number in the first line of the property description. (4) Advertising shall accurately represent the allowed use of the property, including the maximum number of allowed occupants. (5) Neighbor Notification. Prior to issuance of the initial annual operating registration, the owner or local contact shall be responsible for mailing a written notice. (a) Notice shall be mailed, with certificate of mailing or other method as approved by staff, to the owners of properties within one hundred (100) feet of the boundary of the subject property. (b) Notices shall provide property address and 24/7 hotline phone number. a name and telephone number of the local representative and property owner. Any change in the local representative or property owner shall require that the name and telephone number of the new representative or owner be furnished to the Community Development Director and owners of properties with 15 days two (2) weeks of the change. Mailed notice of such changes shall follow the same procedure as the initial notification as specified herein. (c) Proof of mailing shall be provided to the Community Development Director upon issuance of initial annual operating registration. e. Parking. (1) Minimum Required Off-Street Parking. Except in the CD Downtown Commercial zoning district, the number of off-street parking spaces available to a vacation home shall not be less than two (2). (2) Maximum Off-Street Parking - Residential Zoning Districts. This Section applies to all vehicles that are not parked or stored in a fully enclosed garage. No more than a total of four (4) vehicles shall be parked or stored on a lot of two (2) acres or less. No more than a total of five (5) vehicles shall be parked or stored on a lot greater than two (2) acres in size, but less than five (5) acres. No more t han a total of six (6) vehicles shall be parked or stored on a lot equal to, or greater than five (5) acres, but less than ten (10) acres. No more than a total of eight (8) vehicles shall be parked or stored on a lot equal to, or greater than ten (10) acres. The maximum number of vehicles parked off- street on the vacation home property shall not exceed the number of bedrooms in the vacation home. (3) Maximum Off-Street Parking - Nonresidential Zoning Districts. Maximum parking for vacation homes in nonresidential zoning districts shall be regulated according to the parking standards applicable to "Hotel, small." f. Employee Housing Units. Employee housing units as designated in §5.2.C.2 shall not be designated as vacation homes as defined and regulated herein. g. Attainable Housing Units. Attainable housing units as designated in §11.4 shall not be designated as vacation homes as defined and regulated herein. h. Accessory Dwelling Units. Vacation homes shall not be allowed on residential lots of record containing an accessory dwelling unit as defined and regulated herein. i. Density. Only one (1) vacation home shall be allowed per residential dwelling unit. One (1) or more vacation homes may be allowed on an individual lot of record, subject to all regulations in this Code and other regulations as may be applicable. 2. All vacation homes shall also be subject to the following: a. Maximum Occupancy in Residential Zoning Districts: 8 -and-Under occupants. Except for 9- and-over vacation homes that may be approved and registered under the provisions of this Code via Large Vacation Home Review (LVHR) application, the maximum allowable occupancy for an individual vacation home shall be eight (8) occupants. Occupancy shall be further limited to a maximum of two (2) individuals per sleep ing room plus two (2) individuals per vacation home. b. Maximum Occupancy in Residential Zoning Districts: 9 -and-Over occupants. A residential structure with four (4) or more sleeping rooms may apply for Large Vacation Home Review (LVHR) approval as a "9-and-over vacation home", in accordance with the regulations in §5.1.B.3. The maximum occupancy in a 9-and-over vacation home shall be as specified in the LVHR terms of approval; provided that occupancy shall be limited to a maximum of two (2) individuals per sleeping room plus two (2) individuals per vacation home. c. Maximum Occupancy in Non-Residential Zoning Districts. Occupancy shall be limited to a maximum of two (2) individuals per sleeping room plus two (2) individuals per vacation home. No overall maximum occupancy for a vacation home in a non-residential zoning district shall be applicable, provided that the vacation home is deemed to be in compliance with all Building, Fire, and Health Codes and that a valid operating registration is issued. d. For purposes of this Code section, occupancy shall not be counted differentially on the basis of age or status. e. Number of Parties: Vacation homes in residential zone districts as those districts are defined herein shall be rented, leased or furnishe d to no more than one (1) party, occupying the vacation home as a single group. Owners of the vacation home shall not be allowed to occupy the vacation home while a party is present. All occupants shall be registered by name on or before the time of the party's initial occupancy. The name registry shall be maintained by the property owner or manager, and shall be made available to the appropriate regulatory entity(s) upon the regulatory entity's request. f. Home Occupations. Home occupations shall not be operated on the site of a vacation home, nor shall vacation homes offer ancillary services to guests. g. Vacation homes shall be required to meet applicable Building, Health and Fire codes. h. Except as specifically provided for elsewhere in this Code, general development standards (Chapter 7) as required by the underlying zoning district shall be applicable. In residential zoning districts, development standards shall be those for single-family detached dwellings in the zoning district. In non-residential zoning districts, development standards shall be those for "hotel, small" in the zoning district. i. Vacation homes, whether new or existing structures, shall be subject to the requirements of Sec. 7.9 (Exterior Lighting) for new development. j. Initial Time Frame for Compliance. Vacation home owners in any zoning district may apply at any time during 2017 for an operating registration, provided that in all cases: (a) the vacation home shall not be occupied by clients until the registration is appro ved and issued; and (b) the operating registration remains valid only until December 31, 2017. Vacation homes shall be subject to the requirements of the Wildlife Protection Ordinances of their respective jurisdictions, and shall have wildlife resistant co ntainers or enclosures provided for the disposal of refuse. [For property in the Town see Chapter 7.20 Wildlife Protection of the Town of Estes Park Municipal Code. For property in unincorporated Larimer County see Sections 30-261-277 Wildlife Protection through Refuse Disposal of the Code of Larimer County Colorado.] k. Vacation homes shall be subject to the requirements of the Sign Code of their respective jurisdictions, and shall obtain sign permits as required. [For property in the Town see Chapter 17.66 Signs of the Town of Estes Park Municipal Code. For property in unincorporated Larimer County see Section 10.2 General Sign Regulations of the Code of Larimer County Colorado.] k. l. Issuance of the operating registration by the Town shall have no fixed deadline; however, the Town shall make all reasonable effort to issue operating registration approvals in an orderly and expeditious manner, as may be determined by the Town. 3. Large Vacation Home Review (LVHR) for 9-and-Over Vacation Homes in Residential Zoning Districts. a. The owner of record of a vacation home in a residential zoning district that has filed a complete application for an 8-and-under vacation home operating registration on or before March 31, 2017, may make application for Large Vacation Home Review (LVHR) under the procedures of this Section and Code to allow nine (9) or more individuals to occupy the vacation home, provided that: (1) The vacation home for which Large Vacation Home Review application is made has four (4) or more sleeping rooms; and (2) The vacation home is in compliance with all applicable Building, Health, and Fire Codes, or is brought into compliance with said Codes by deadline dates as specified in accordance with the Codes. b. The Large Vacation Home Review application shall be reviewed and may be approved by motion and affirmative vote of the Planning Commission. The Planning Commission's decision shall be final, except that an appeal by a party in interest of the Planning Commission's decision may be made to the Town of Estes Park Board of Trustees or the Board of Larimer County Commissioners, whichever has jurisdiction. c. Large Vacation Home Review for a 9-and-over vacation home shall comply with the following policies and procedures: (1) The procedure for application, review, and approval shall comply with the "Procedure Checklist for Large Vacation Home Review: 9-and-Over Vacation Homes", promulgated and maintained by the Community Development Department; (2) The required "Vacation Home Safety Inspection Report" and "Vacation Home Location Inspection Report" shall be provided to the Planning Commission prior to any Planning Commission approval of a Large Vacation Home Review; (3) The minimum lot size for a 9-and-over vacation home shall be one (1) acre, unless the Planning Commission makes a specific finding that the vacation home has demonstrated adequate buffering or screening from adjacent and nearby properties, such that a lot size of less than one (1) acre is commensurate with Large Vacation Home use. Appropriate alternative standards for demonstrating adequate buffering or screening shall include, but not be limited to: orientation of the Large Vacation Home on the property away from nearby residential structures, linear separation from othe r residential structures, separation from other structures by an intervening right -of-way, topographic features such as rock formations or grade differences, and mature vegetation or fencing; (4) The minimum front, side, and rear setback from any lot bou ndary shall be twenty-five (25) feet or the setback under the zoning district, whichever is greater, unless the Planning Commission makes a specific finding that the vacation home has demonstrated adequate buffering or screening from adjacent and nearby pr operties, such that a setback of less than twenty-five (25) feet or less than the setback under the zoning district, whichever may be applicable, is commensurate with Large Vacation Home use. Appropriate alternative standards for demonstrating adequate buffering or screening shall include, but not be limited to: orientation of the Large Vacation Home on the property away from nearby residential structures, linear separation from other residential structures, separation from other structures by an intervening right-of-way, topographic features such as rock formations or grade differences, and mature vegetation or fencing; (5) An approved Large Vacation Home shall in no case be occupied by more than two (2) occupants per bedroom plus two (2) additional occupants. d. Denial of a Large Vacation Home Review zoning permission for use as a 9-and-over vacation home shall not void an existing operating license for an 8-and-under vacation home, nor shall such denial in itself void zoning permissibility for use as a n 8-and-under vacation home; provided that 8-and-under vacation home zoning requirements in this Code and other applicable regulations remain applicable. 4. Inspections. a. Beginning December 16, 2016, iInspections of all vacation homes per the requirements of this Code shall be completed prior to initial approval of any operating registration. b. All vacation homes with registrations approved during c alendar year 2017 shall be inspected at least one (1) time during calendar year 2017.[Reserved] c. Inspection after a violation is cured or after a change in ownership shall be required at the discretion of the Community Development Director. d. Inspections shall be completed by the Department in accordance with the applicable inspection checklist as promulgated and maintained by the Community Development Department. The checklist shall be either the "Procedure Checklist for 8-and-Under Vacation Homes" or the "Procedure Checklist for Large Vacation Home Review: 9-and- Over Vacation Homes", whichever may be applicable. These checklists are hereby adopted and incorporated by reference in this Code. 5. Transitional Regulations. In order to establish an equitable method of transitioning from pre- existing vacation-home regulations and those taking effect on December 16, 2016 and beyond, the following interim regulations shall be effective. In case of any conflict between regulations elsewhere in this Code and the transitional regulations, the transitional regulations shall control: a. All 2017 operating-registration applications for vacation homes that have active operating registrations as of December 15, 2016, shall have first priority in application proc essing and operating-registration approval for 2017. b. Within such application first-priority queue as may result from applications filed under subsection a., sequencing of registration issuance shall be determined by the date/time received filing stamp by the Town Clerk's Office on the face of each application. c. All 2017 operating-registration applications for vacation homes that do not have active operating registrations as of December 15, 2016, but for which either or both of the following is provided to the Town Clerk's office at the time of initial application, shall have second priority in application processing and operating -registration approval for 2017: (1) A written signed contract for vacation-home occupancy during 2016 is provided to the Town Clerk's Office; (2) An executed and signed sales tax return establishing that sales tax has been paid during Year 2016 to the State of Colorado for the vacation home. d. Within such application second-priority queue as may result from applications filed under subsection c., sequencing of registration issuance shall be determined by the date/time received filing stamp by the Town Clerk's Office on the face of each application. e. All 2017 operating-registration applications for vacation homes that do not satisfy the requisite conditions in subsection a. or c. shall have third priority in application processing and operating-registration approval for 2017. f. Within such application third-priority queue as may result from applications filed under subsection e., sequencing of registration issuance shall be determined by the date/time filing stamp by the Town Clerk's Office on the face of each application. g. In the event the cap for vacation homes in residential zoning districts in §5.1.B.2 is reached at any point in the 2017 queuing process, applications shall be maintained on a waiting list in the order established within priority queues as specified above. h. All operating registrations approved pursuant to applications filed between December 16, 2016 and December 31, 2017 shall initially be for 8-and-under occupants only. The Large Vacation Home Review shall determine whether or not operating-registration-approved vacation hom es in residential zoning districts with four (4) or more sleeping rooms may be approved as 9-and-over Large Vacation Homes; provided, however, that no 9-and-over Large Vacation Home shall be approved for any 8-and-under vacation home in a residential district whose registration is filed after March 31, 2017. i. All vacation home permits in effect on December 15, 2016 shall be automatically extended and in effect through March 31, 2017. This extension shall be deemed a separate matter from the operating registration requirements beginning January 1, 2017. Either an approved 2017 operating registration or an extended 2016 permit shall allow operation of an 8-and-under vacation home at a given location, provided the vacation home remains in compliance with all other applicable regulations. (Ord. 02-10 §1; Ord. 29-16, § 1; Ord. 09-17, § 1) COMMUNITY DEVELOPMENT Staff Report To: Estes Valley Planning Commission From: Linda Hardin, Code Compliance Officer Date: February 19, 2019 RE: Amendment to the Estes Valley Development Code, §5.1.U. Bed and Breakfast Inn. Planning Commission Objective: Review and provide a recommendation for a proposed text amendment to the Estes Valley Development Code (EVDC):  To review the current conditions with regard to the bed and breakfast inn regulations;  To amend regulations as deemed necessary;  To make a recommendation to the Estes Park Town Board of Trustees and the Larimer County Board of Commissioners Present Situation: On October 17, 2017, the Town of Estes Park Board of strong and enforceable codes to regulate bed and breakfast inns in the Estes Valley. On December 18, 2017, the Larimer County Board of Commissioners followed suit. Every aspect of the code was addressed to create an environment where bed and breakfast inns operate harmoniously with their neighbors. After a year of enforcing the new regulations it has been suggested that it is time to review and update the codes where necessary. In general, the new codes have proven to be effective. We have registered 22 bed and breakfast inns in the Estes Valley. Every one of these homes has gone through the rigorous registration process, which includes neighbor notifications, zoning inspection and compliance with exterior lighting and wildlife protection. As we work with these codes, there have been a few items that need clarification or redirection. The bed and breakfast inn codes were written intentionally to be consistent with the vacation home codes. The vacation home codes are being considered for amendments that should align with bed and breakfast codes. For these reasons, with guidance from the Planning Commission, the EVDC is recommended for amendment to meet current conditions. Proposal: To recommend amendments the EVDC as outlined in Exhibit B (Blue), to the Town Board and County Commissioners as summarized here:  To add timelines for bed and breakfast inn owners to complete their registrations;  Stipulate that only the property owner can apply for a bed and breakfast registration;  Requiring the new owners submit the transfer application within fifteen (15) days from acquiring the property;  Removed the requirement of including residing owner or manager information be included in the neighbor notifications;  Update the number of allowed vehicles parked on the property to align with the number of bedrooms in the home;  Add references to both the Sign Codes and Wildlife Ordinances to accommodate stronger enforcement through the EVDC. Staff Findings of Fact: The text amendment complies with EVDC §3.3.D (Code Amendments – Standards for Review). §3.3.D Code Amendments, Standards for Review “All rezonings and text amendments to the EVDC shall meet the following criteria.” 1. “The amendment is necessary to address changes in conditions in the areas affected;” Staff Finding: The amendment is necessary to address changes in conditions in the area affected. 2. “The development plan, which the proposed amendment to this Code would allow, is compatible and consistent with the policies and intent of the Comprehensive Plan and with existing growth and development patterns in the Estes Valley; and” Staff Finding: The proposed text amendment is compatible and consistent with the intent of the Comprehensive Plan and with existing growth and development patterns in the Estes Valley. 3. “The Town, County or other relevant service providers shall have the ability to provide adequate services and facilities that might be required if the application were approved.” Staff Finding: Providers of public water, sewage disposal, electric services, fire protection, and transportation services have expressed no concerns with the proposed amendment in principle. Advantages:  Bring the codes up to date with the current conditions;  Eliminate confusion in certain areas of the code by tightening up the language;  Provide enforceability for signs and wildlife protection outside the town boundary. Disadvantages:  Additional controls to the bed and breakfast inn industry will require educating home owners and residing managers of the new requirements, which ultimately includes staff time. Action Recommended: It is recommended by staff that the Planning Commission make a recommendation to the Governing bodies to adopt the amendments to the EVDC regarding bed and breakfast inn regulations. Finance/Resource Impact: Additional staff time and resources will be required initially to inform the bed and breakfast inn community of the amendments. Level of Public Interest Bed and breakfast inn have had a low level of public interest. No comments have been received regarding these amendments. Sample Motion: I move that the Planning Commission recommend approval and adoption of amending the bed and breakfast inn regulations per Exhibit B (Blue) as stated in the findings of fact by staff. I move that the Planning Commission recommend denial of amending the bed and breakfast inn regulations per Exhibit B (Blue) [state findings of fact]. I move that the Planning Commission continue the bed and breakfast inn code amendment as shown in Exhibit B (Blue) to the next regularly scheduled meeting of the Planning Commission, requesting that…[state direction for additional changes to the draft]. Attachments: Exhibit B (Blue) – Code Amendment EXHIBIT B [Blue] [CHAPTER 5 – USE REGULATIONS, §5.1.U] Estes Valley Planning Commission: February 19, 2019 § 5.1 - SPECIFIC USE STANDARDS U. Bed and Breakfast Inn. 1. All bed and breakfast inns shall be subject to the following: a. Annual Operating Registration. (1) All bed and breakfast inns shall obtain an operating registration on an annual basis. An annual operating registration shall be effective on and following the date of issuance for all of the remaining calendar year in which it is issued, unless suspended or revoked for cause, provided that registered bed and breakfast inns may continue operation during January 1 and March 31 of any calendar year following a year in which the bed and breakfast inn was duly registered. Registration applications shall be completed within ninety (90) days from issuance of the packet from the Community Development Department. Registrations not completed within ninety (90) days shall be voided and a new application shall be made by the property owner. (2) If the property is located within Town limits, the business license shall be considered the permit. If the property is within the unincorporated Estes Valley, a permit shall be obtained from the Town of Estes Park Town Clerk's office. The property owner of record at the time of application shall sign any application for bed and breakfast inn registration. (3) No more than one (1) operating registration shall be issued and effective in any given calendar year for a bed and breakfast inn. An active operating registration for a specific bed and breakfast inn shall be transferable to a different owner in accordance with procedures in this Code and as established by the Town Clerk's office. (4) Every bed and breakfast inn for which an operating registration application is made shall require that the bed and breakfast inn undergo and pass an initial inspection in accordance with this Code prior to issuance of the operating permit. (5) Issuance of an operating registration for a bed and breakfast inn shall not constitute a zoning entitlement for a property's use as a bed and breakfast inn, nor shall absence of an operating registration for a bed and breakfast inn constitute removal or abrogation of a property's zoning permissibility for use as a bed and breakfast inn. However, both appropriate zoning permission, special review approval and compliance and a valid current operating permit shall be necessary elements in order for operation as a bed and breakfast inn to occur. (6) The registration shall designate the resident owner or on-site manager residing on the premises who can be contacted and is on the property twenty-four (24) hours per day when the bed and breakfast is in operation, regarding any violation of the provisions of this Section. The person set forth on the application shall be the representative of the owner for immediate violation resolution purposes with regard to the bed and breakfast inn. An annual operating registration shall not be valid unless the resident owner and on-site manager employed by the owner (if different), sign the operating registration application acknowledging all bed and breakfast inn regulations. If the resident owner or on-site manager changes during the calendar year, it shall be the responsibility of the property owner to notify the Town Clerk within fifteen (15) days of change, and to ensure the on-site manager is knowledgeable of all bed and breakfast inn regulations. If the property owner of record changes during the calendar year, it shall be the responsibility of the new property owner of record to transfer the operating registration into his/her name within fifteen (15) days of transfer of ownership, and to ensure all other regulations in this Section are in compliance. (7) State Sales Tax License. A condition of issuance of the annual operating permit shall be proof of a current sales tax license. (8) Violations. The relevant Decision-Making Entity may deny or withhold the renewal of an operating registration until a violation related to such property, use or development is corrected, in accordance with §12.4.A.1. The relevant Decision-Making Entity may revoke or suspend the operating permit at any time in accordance with §12.4.A.2. Operating the bed and breakfast inn during any such period of suspension or revocation shall be a violation of this Code. Appeal to this section shall be made in accordance with the appeals process in the Estes Valley Development Code. (9) Nothing described herein shall limit the Town or County, within their respective jurisdictions, from exercising other remedies and enforcement powers pursuant to Chapter 12 of this Code or other penalties and enforcement powers as may be available at law. (10) The owner of the bed and breakfast inn, or an on-site manager employed by the owner, shall reside on the premises at all times when the bed and breakfast is in operation. b. Estes Park Municipal Code. Properties located within the Town of Estes Park shall comply with all the conditions and requirements set forth in the Town of Estes Park Municipal Code, Chapter 5.20 (Business Licenses) In case of conflict between Chapter 5.20 and provisions of §5.1.B of this Code, the provisions of §5.1.B of this Code shall control. c. Residential Character. Bed and breakfast inns shall not be designed or operated in a manner that is out of character with residential use of a dwelling unit by one (1) household. This includes, but is not limited to, the following: (1) Except in the CD district, design shall be compatible, in terms of building scale, mass and character, with low-intensity, low-scale residential use. (2) Guest rooms shall be integrated within the bed and breakfast inn. (3) Kitchen facilities shall be limited to be consistent with single-family residential use. No kitchen facilities or cooking shall be allowed in the guest rooms. (4) Accessory buildings shall not be used for amenities beyond a gazebo or similar outdoor room. (5) No changes in the exterior appearance shall be allowed to accommodate each bed and breakfast inn, except that one (1) wall-mounted identification sign no larger than four (4) square feet in area shall be permitted. (6) Vehicular traffic and noise levels shall not be out of character with residential use. d. Parking. (1) Minimum Required Parking. Except in the CD Downtown Commercial zoning district, the number of parking spaces available to a dwelling unit housing a bed and breakfast inn shall not be reduced to less than two (2). (2) Maximum Off-Street Parking—Residential Zoning Districts. This Section applies to all vehicles that are not parked or stored in a fully enclosed garage. No more than a total of four (4) vehicles shall be parked or stored on a lot of two (2) acres or less. No more than a total of five (5) vehicles shall be parked or stored on a lot greater than two (2) acres in size, but less than five (5) acres. No more than a total of six (6) vehicles shall be parked or stored on a lot equal to, or greater than five (5) acres, but less than ten (10) acres. No more than a total of eight (8) vehicles shall be parked or stored on a lot equal to, or greater than ten (10) acres. The maximum number of vehicles parked off- street on the bed and breakfast inn property shall not exceed the number of bedrooms in the bed and breakfast inn. (3) Maximum Off-Street Parking—Nonresidential Zoning Districts. Maximum parking for bed and breakfast inns shall be regulated according to the parking standards applicable to hotel, small." e. Employee housing units as designated in §5.2.C.2 shall not be designated a bed and breakfast inns as defined and regulated herein. f. Attainable housing units as designated in §11.4 shall not be designated as bed and breakfast inns as defined and regulated herein. g. Accessory Dwelling Units. Bed and breakfast inns shall not be permitted on residential lots containing an accessory dwelling. (See also §5.2.B.2.a, which prohibits rental of accessory dwelling units regardless of the length of tenancy). h. CD District. In the CD Downtown Commercial zoning district, such use shall not be located on the ground floor of a building fronting on Elkhorn Avenue. i. Density. Only one (1) bed and breakfast inn shall be permitted per residential dwelling unit. j. Postings. (1) Bed and breakfast inns in all zoning districts shall have a clearly legible notice posted on-site. The posted notice shall be provided by the Community Development Department once the operating-registration is initially applied for, shall be posted in a prominent location inside the bed and breakfast inn prior to or during the initial inspection, and shall remain posted in the same location for the duration of its use as a bed and breakfast inn. The posted notice shall include standard contents as determined and approved by the Community Development Department. (2) Property Line Boundaries: The property owner or local representative shall inform all occupants of property boundaries. (3) Property owner or local representative shall include in all print or online advertising the operating registration number in the first line of the property description. (4) Advertising shall accurately represent the allowed use of the property, including the maximum number of allowed occupants. (5) Neighbor Notification. Prior to issuance of the initial annual operating permit, the resident owner or designated manager residing on the premises shall be responsible for mailing a written notice. a) Notice shall be mailed, with certificate of mailing or other method as approved by staff, to the owners of properties within one hundred (100) feet of the boundary of the subject property. b) Notices shall provide property address and 24/7 hotline phone number. a name and telephone number of the resident owner or manager residing on the premises. Any change in the resident owner or manager residing on the premises shall require that the name and telephone number of the new resident owner or manager residing on the premises be furnished to the Town Clerk and owners of properties [within] fifteen (15) days of the change. c) Proof of mailing shall be provided to the Community Development Director upon issuance of initial annual operating permit. 2. All bed and breakfast inns shall also be subject to the following: a. Occupancy. (1) Maximum Occupancy—Eight-and-under occupants. The maximum allowable occupancy shall be limited by a maximum of two (2) guests per bedroom plus two (2) guests. The maximum allowable occupancy for an individual bed and breakfast Inn shall be eight (8) occupants. (2) Maximum Occupancy—Nine-and-over occupants. A residential structure with four (4) or more sleeping rooms is permitted by special review in accordance with the S2 approval. The maximum occupancy in a nine-and-over occupant bed and breakfast inn shall be as specified in the special review approval granted by the Town Board; provided that occupancy shall be limited to a maximum of two (2) individuals per sleeping room plus two (2) individuals per bed and breakfast inn. (3) One bedroom shall be assigned to the resident owner or on-site manager and therefore added to the maximum occupancy calculations in paragraphs (1) and (2) above. (4) Number of Parties, bed and breakfast inns. Bed and breakfast inns may be rented, leased or furnished to one (1) or more parties. b. Home Occupations. Home occupations may be operated on the site of a bed and breakfast inn. Bed and breakfast inns may also offer limited ancillary services to guests, such as offering classes/workshops to guests, provided they are in character with residential use. [Accessory Uses (Including Home Occupations) and Accessory Structures, Chapter 5 EVDC §5.2.B.2.d (2006)] c. Meal Service. Bed and breakfast inns may provide meals service to registered overnight guests. d. Bed and breakfast inns, whether new or existing structures, shall be subject to the requirements of §7.9 (Exterior Lighting) for new development. e. Bed and breakfast inns shall be required to meet applicable Building, Health and Fire codes. f. Bed and breakfast inns shall be subject to the requirements of the Wildlife Protection Ordinances of their respective jurisdictions, and shall have wildlife resistant containers or enclosures provided for the disposal of refuse. [For property in the Town see Chapter 7.20 Wildlife Protection of the Town of Estes Park Municipal Code. For property in unincorporated Larimer County see Sections 30-261-277 Wildlife Protection through Refuse Disposal of the Code of Larimer County Colorado.] g. Bed and breakfast inns shall be subject to the requirements of the Sign Code of their respective jurisdictions, and shall obtain sign permits as required. [For property in the Town see Chapter 17.66 Signs of the Town of Estes Park Municipal Code. For property in unincorporated Larimer County see Section 10.2 General Sign Regulations of the Code of Larimer County Colorado.] (Ord. 31-17, § 1(Exh. A)) COMMUNITY DEVELOPMENT Staff Report To: Estes Valley Planning Commission From: Randy Hunt, Community Development Director Date: January 15, 2019 RE: Amendment to Estes Valley Development Code, Chapters 1, 3, 5, 7, 9, 10, 11, and 13, Estes Valley Development Code to remove inappropriate regulatory cross-references between the Comprehensive Plan and the Development Code. Request: Approval of an EVDC amendment to remove certain regulatory cross-references between the Comprehensive Plan and the Development Code. Our current Code requires Comprehensive Plan “consistency” as a criterion in decision-making for various types of applications and actions. Some cross-references are valid and appropriate; however, others references have resulted in at least the perception that the Comprehensive Plan is a regulatory document, in areas where that is not the case. The removal of specific regulatory cross-references restores the Comprehensive Plan to its appropriate status as a visioning and goal-setting document. Planning Commission Objectives: 1. Allow for internal discussion among Commission members and external dialog with the public over a several-month period of review; 2. When the time arrives, conduct a public hearing to consider public comment and Town staff’s findings and analysis; and 2. Recommend approval or denial of the EVDC amendment, with or without any recommended modifications, to the Town Board of Trustees and the Board of County Commissioners. Location: N/A; Code amendments are applicable Valley-wide Owner/Applicant: N/A Present Situation: For many years – apparently at least since the original approval date of the EVDC in November 1999 – the EVDC has contained language that requires, or at least strongly implies, that “consistency” with the adopted Comprehensive Plan (i.e., the 1996 Estes Valley Comprehensive Plan) is a required review and approval criterion for many types of projects and proposals reviewed under the EVDC. On February 22, 2018, a joint Study Session meeting of the Estes Valley Planning Commission, the Town Board of Trustees, and the Board of County Commissioners was held in the Town Board Room. Minutes of the Joint Study Session are attached. At this meeting a number of topics were discussed relating to Planning Commission and governing body review of proposals under the Code. One item that generated concern among Planning Commission, Jan. 15, 2019 (Study Session): Comprehensive Plan references in EVDC Page 2 of 4 members of both governing bodies was reliance on statements or exhibits in the Comprehensive Plan as (in effect) review criteria. In Planning Commission’s review of the Raven Rock Development Plan, as well as on other occasions, findings were made that included reliance of the Comprehensive Plan as a regulatory reason for denial of the project. Specific discussion at the meeting included reference to the memorandum by Town Attorney Greg White and Community Development Director Randy Hunt for the November 14, 2017 Raven Rock review. The memorandum cited several Colorado court decisions and best-practice planning principles indicating that the Comprehensive Plan was not to be invoked in this manner. A copy of the November 2017 memo is included. The elected officials on Feb. 22 expressed the clear wish that the practice of using the Comprehensive Plan as regulation cease, in at least some types of review, and also that the EVDC be amended to remove references that invoked the Comprehensive Plan as a regulatory document: An excerpt from the Minutes states as follows: “The Town Board and County Commission made a specific finding when adopting the EVDC which found the code in compliance with and meeting the goals of the Comprehensive Plan. It was suggested the EVDC be amended to clarify the language as it relates to meeting the goals of the Comprehensive Plan. The Comprehensive Plan should be viewed as an advisory document only with the EVDC as the law to be utilized in the review of a development application. Any development application in compliance with the EVDC is therefore in compliance with the Comprehensive Plan.” (Minutes, Sec. 2.b (p. 2) This direction remains in effect today. The specific task of amending EVDC was dormant for most of 2018, due to pressing concerns in other Planning areas that occupied much of the Planning Commission’s and staff’s time. In October 2018, Planning staff were requested to bring forward this matter for active review. A previous version of the amendment went to Planning Commission on Nov. 13, 2018. That version was continued to December 18, at which time staff was asked to, and did, withdraw the previous version in favor of a fresh start. That brings us to the January 15 Study Session and the current draft amendment. Proposal: Concerns were heard at the November and December Planning Commission Study Sessions and regular meetings that the preceding version of this amendment: (a) had not undergone sufficient public review; and (b) was broadly worded and could have unintended consequences Staff would agree that the November version of the proposed amendment was a broad-scale approach. We took the Feb. 22 charge given to appointed officials and staff literally; thus, the previous version eliminated the great majority of cross-references between the Comp Plan and the EVDC. In the December meeting Planning Commission indicated a wish to narrow the scope of this amendment. Staff agrees that some cross-references in EVDC that invoke the Comp Plan are valid. This new draft, Exhibit A [Green], is staff’s recommended version to reach a balance between appropriate and inappropriate cross-references. Specifically, staff has narrowed the amendment’s scope to strike out only the Comp Plan references to Code actions that are ministerial. “Ministerial” in planning refers to actions that do not have a discretionary decision-making component – in other words, ministerial actions Planning Commission, Jan. 15, 2019 (Study Session): Comprehensive Plan references in EVDC Page 3 of 4 basically are actions that, if the submitted items meet all Code requirements, have earned approval. These are sometimes called “checklist” action – a shorthand way of saying that if a submittal meets all minimum Code requirements (at or above minimum parking spaces, building height below maximum…), all the boxes are checked favorably and the plan is approved. Discretionary matters such as the Comprehensive Plan, while eligible for discussion, would play no role in a ministerial decision. This was the case with the Raven Rock Development Plan and a number of others in recent months. Other planning processes are “discretionary”, meaning that even if all objective Code criteria are met, an element of judgment or policy evaluation remains. A prime example is a Code amendment. Even if a Code amendment has followed all the procedural steps in EVDC Sec. 3.3, whether to approve it or not is certainly a judgment call with many possible inputs. The ministerial/discretionary dichotomy has existing in best land-use planning practice and in case law for many decades, and is explicit or implicit in many localities’ Development Codes. It’s unfortunate that the EVDC did not take this longstanding distinction into account. Staff believes the proposed amendment would bring this balance to the EVDC if adopted. In Exhibit A [Green], four types of review actions, and part of a fifth – all of which are ministerial in nature, according to case law and best planning practice – are proposed by staff to have their Comp Plan references removed. They are: • Variances; • Development Plans; • Temporary Uses and Structures; • Public Facility/Use Location and Extent Review; and • Subdivision Plats (final plats only; not preliminary plats) In this draft, staff has not struck out cross-references in sections dealing with Code amendments and rezonings. As side note, our Code unfortunately fails to distinguish between Code text amendments and Zoning Map amendments – that is, rezonings. This will need to be fixed at some point, as the two actions are quite different in processing and in applicable criteria. Fortunately for the time being, this defect does not matter in the current proposal, since both text and map amendments are discretionary. Other places in Code where Comp Plan references are restored include: • Planned Unit Developments; • Public Trails and Private Open Areas; • Open Space Developments; and • Subdivision (preliminary plats only) Subdivisions in our Code are somewhat confusing in their intermingling of different concepts. Subdivision plats in good planning practice fall cleanly into two major types: preliminary and final. Our Code does not do a good job of distinguishing between these two types in a number of places. They are very different. A final plat, strictly speaking, is essentially just the survey- related elements in a subdivision – basically, it’s what gets recorded. Preliminary plats are where the real action is, such as review of plans for infrastructure and drainage, correspondence with zoning standards, and the like. Planning Commission, Jan. 15, 2019 (Study Session): Comprehensive Plan references in EVDC Page 4 of 4 Some preliminary-plat aspects are also ministerial (e.g., adherence to minimum lot size), but there is discretionary judgment also for preliminary plats. For example, discussion about a preliminary plat may involve “oversizing” a utility line to allow for future development on a nearby site. Oversizing involves decisions by utility providers, including whether there is enough in budget to reimburse a developer for the additional sizing. Fixing our Code’s vagueness in identifying the preliminary-vs-final difference is a task for a later day. For current purposes, staff has added language to make it clear that the Comp Plan is applicable at the preliminary-plat stage, but not the final plat. Adoption of this amendment does not invalidate the Comprehensive Plan itself, nor does it mean the Comprehensive Plan cannot be cited as relevant or meaningful in a discussion about Development Plans, Location and Extent reviews, or the other ministerial actions. Adoption does mean that the Comprehensive Plan will not be cited as a reason or finding to approve or deny such ministerial proposals. For the discretionary actions (rezoning, etc.), the Comprehensive Plan remains valid as a reference point for consistency. Staff would continue including consistency with the Comprehensive Plan is our staff reports and analysis. Public Notice: N/A at this time. The January 15 PC review is Study Session only. Public Interest: Medium for the Estes Valley Comprehensive Plan in general. Among some stakeholders, this amendment seems to have generated much discussion. All public comment provided to staff is posted under the appropriate heading in https://www.colorado.gov/pacific/townofestespark/currentapplications Staff Findings: N/A Recommendation: Staff recommends approval of Exhibit A [Green] as drafted, subject to further discussion and refinement in the review process. Sample motion: N/A Attachments: 1. Exhibit A [Green] – Planning Commission draft: Jan. 15, 2019 2. Minutes: Joint Study Session meeting of Estes Park Town Board, Larimer County Commission, and Estes Valley Planning Commission: Feb. 22, 2018 3. Nov. 14, 2017 Memorandum to Estes Valley Planning Commission from Randy Hunt and Greg White re Authority of Comprehensive Plan EXHIBIT A [Green] Planning Commission draft (Jan. 15, 2019) § 1.3 - Purpose and Intent The regulations of this Code are intended to implement the 1996 Estes Valley Comprehensive Plan, as amended, and more specifically are intended to as follows: A. Provide for coordinated, harmonious development of the Estes Valley and the Town of Estes Park, which will, in accordance with present and future needs, best promote health, safety, order, convenience, prosperity and general welfare, as well as efficiency and economy in the process of development; B. Protect residents from fire, floodwaters, geologic hazards and other dangers; C. Preserve and protect existing trees and vegetation, agricultural lands, floodplains, riparian corridors, wildlife habitat and other sensitive environmental areas from adverse impacts of development; D. Facilitate the economic provision of adequate public facilities such as transportation, water supply, sewage disposal, drainage, electricity, public schools, parks and other public services and requirements; E. Coordinate transportation and land use planning to provide a safe and efficient transportation system in the Estes Valley; F. Work to improve the aesthetics and design of all primary gateways to the Town of Estes Park, including but not limited to Highways 7, 34 and 36; G. Encourage innovative residential development so that growing demand for housing may be met by greater variety in type, design and layout of dwellings, and by conservation and more efficient use of open areas ancillary to such dwellings; H. Encourage nonresidential development that preserves and protects the character of the community, including its natural and cultural landscape, and that minimizes objectionable noise, glare, odor, traffic and other impacts of such development, especially when adjacent to residential uses or to the historic downtown core; I. Preserve and protect the architecture, history and small-town character of Estes Park's historic downtown; J. Strengthen and improve the downtown Estes Park as the primary government, cultural, office, financial, tourist, specialty shopping and pedestrian district of the Estes Valley; K. Provide adequate building setbacks and height limitations; L. Encourage orderly and efficient distribution of the Estes Valley's population through land use regulations; M. Promote good civic design and arrangement; and N Promote higher quality in site and land planning, conservation of open areas, and more efficient and attractive use of open areas. § 3.3 - Code Amendments D. Standards for Review. All applications for text or Official Zoning Map amendments shall be reviewed by the EVPC and Board(s) for compliance with the relevant standards and criteria set forth below and with other applicable provisions of this Code. 2. The development plan, which the proposed amendment to this Code would allow, is compatible and consistent with the policies and intent of the Comprehensive Plan and with existing growth and development patterns in the Estes Valley; § 3.4 - Planned Unit Developments D. Standards for Review. All applications for Planned Unit Developments shall demonstrate compliance with the requirements and review standards set forth below and in Chapter 9, "Planned Unit Developments," and with all other applicable provisions of this Code. 1. Preliminary PUDs. An application for approval of a Preliminary PUD Plan, together with submitted plans and reports, shall be reviewed for conformance with the following standards: a. The PUD shall be consistent with and implement the planning goals, policies and objectives as contained in this Code and in the Comprehensive Plan; § 3.6 – Variances C. Standards for Review. All applications for variances shall demonstrate compliance with the standards and criteria set forth below: 1. Special circumstances or conditions exist (e.g., exceptional topographic conditions, narrowness, shallowness or the shape of the property) that are not common to other areas or buildings similarly situated and practical difficulty may result from strict compliance with this Code's standards, provided that the requested variance will not have the effect of nullifying or impairing the intent and purposes of either the specific standards, or this Code or the Comprehensive Plan. § 3.8 - Development Plan Review A. Purpose. The purpose of the development plan review process is to ensure compliance with the zoning standards and provisions of this Code, while encouraging quality development in the Estes Valley reflective of the goals, policies and objectives found in the Comprehensive Plan. D. Standards for Review. The recommending and decision-making entities shall review development plan applications and all submitted plans and reports, and evaluate them according to the following standards: 1. The development plan complies with all applicable standards set forth in this Code; and 2. The development plan is consistent with the policies, goals and objectives of the Comprehensive Plan and any other relevant land use, parks and trails, capital improvement and other similar plans.[Reserved] § 3.9 – Subdivisions A. Purposes. The purpose of the subdivision review process is to ensure compliance with the subdivision standards and provisions of this Code, while encouraging quality development in the Estes Valley reflective of the goals, policies and objectives found in the Comprehensive Plan as applicable. § 3.11 Temporary Uses and Structures D. Conditions of Approval. In approving a Temporary Use Permit, the Staff may impose conditions, including but not limited to control of nuisance factors (e.g., glare, noise, smoke, dust), provision of security and safety measures, and limitations on hours of operation, storage and parking, provided that such conditions are necessary to: 1. Achieve the general purposes of this Section and the specific purposes of the zoning district in which the temporary use will be located, or to be consistent with the Comprehensive Plan; § 3.13 Public Facility/Use Location and Extent Review A. Purpose. This Section implements §30-28-110(1), C.R.S., and is intended to provide an opportunity for review of the location and extent of specified public facilities and uses sought to be constructed or authorized within the Estes Valley, especially as to whether such public use is consistent with the Estes Valley Comprehensive Plan and this Code. D. Standards for Review. The EVPC and Boards shall review the extent and location of the proposed public use for its consistency with the goals, policies and objectives stated in the Comprehensive Plan and for its compliance with this Code. § 4.3 - Residential Zoning Districts A. List of Districts/Specific Purposes. [Code lists Residential Districts 1 through 8; no changes proposed. Comprehensive Plan references in “Purpose” sections of Code need not be addressed, as “Purpose” statements of this type are not construed as regulatory or binding.] § 4.4 - Nonresidential Zoning Districts A. List of Districts/Specific Purposes. [Code lists Nonresidential Districts a1 through 3a; no changes proposed. Comprehensive Plan references in “Purpose” sections of Code need not be addressed, as “Purpose” statements are not construed as regulatory or binding.] § 5.3 - TEMPORARY USES AND STRUCTURES C. General Standards. All temporary uses or structures shall meet the following requirements: 1. The proposed temporary use will be located, operated and maintained in a manner consistent with the policies of the Comprehensive Plan and the provisions of this Code. § 7.4 - PUBLIC TRAILS AND PRIVATE OPEN AREAS C: Locational Criteria. 3. Dedications for trails shall be at locations deemed appropriate by the Decision- Making Body and shall, to the maximum extent feasible, generally be in accord with the trails/bike path element contained in the Estes Valley Comprehensive Plan or any other subsequently adopted comprehensive hike/bike or open areas plan. § 7.8 - WILDLIFE HABITAT PROTECTION E. Wildlife Habitat Data Base. The following sources shall be used to identify important wildlife habitat areas for purposes of review under this Section: 1. Wildlife Habitat map (dated December 1996), as set forth in the Estes Valley Comprehensive Plan, as amended from time to time.[Reserved] § 9.3 - PUD-M, PLANNED MIXED-USE DISTRICT D. Applicable Development Standards. 4. Private Open Areas. (1) The Estes Valley Comprehensive Plan;[Reserved] § 10.1 - PURPOSES The purposes of this [Subdivision Standards] Chapter are to: A. Provide for the orderly growth and harmonious development of the Estes Valley in accordance with the Estes Valley Comprehensive Plan; § 10.5 - SUBDIVISION DESIGN STANDARDS A. General. No subdivision application shall be approved unless it complies with all of the following standards and criteria: 1. Relationship to Estes Valley Comprehensive Plan. In designing and planning subdivisions, consideration shall be given at the preliminary plat stage to the Estes Valley Comprehensive Plan. The EVPC shall study and review all preliminary subdivision plats in relation to the Estes Valley Comprehensive Plan general character of the area, the general requirements of the community and the particular requirements of the neighborhood. D. Sidewalks, Pedestrian Connections and Trails. 1. General. a. To the maximum extent feasible, all sSubdivision preliminary plats shall provide pedestrian linkages, including trails, to parks, schools, adjacent developments and existing and proposed hike and bike trails consistent withas depicted in the Estes Valley Long Range Hike and Bike Trails Plan (found in the Estes Valley Comprehensive Plan). § 11.3 - OPEN SPACE DEVELOPMENTS F. Review Criteria for Approval of Open Space Developments. All open space developments shall comply with all other applicable provisions, as set forth in this Code, and the following review criteria: 1. Site Design. The open space development, compared with a more conventional site development plan, better attains the policies and objectives of this Code and the Comprehensive Plan, such as providing more open areas, preserving existing trees and vegetation coverage, protecting wildlife habitats and preserving sensitive environmental areas such as river/stream corridors, hazard areas, wetlands and steep slopes; § 13.3 - DEFINITIONS OF WORDS, TERMS AND PHRASES 10. Administrative Appeals shall mean appeals where it alleged by the appellant that there is error in any order, requirement, decision or refusal made by an administrative official or agency based on, or made in the application of, the standards or enforcement of this Code in a specific situation, with limited necessity for reference to general goals and policies of the Comprehensive Plan. 58. Comprehensive Plan shall mean the Estes Valley Comprehensive Plan, dated December 1996, as amended from time to time. 228. Street, Arterial shall mean any state or federal numbered highway, any street with a right-of-way width greater than sixty (60) feet, or any other street depicted as a "principal arterial" on the Estes Valley Long Range Transportation Plan (Map 5.10 in the Comprehensive Plan). Parks and Recreation Facilities In Residential Zones Conceptual Ideas The enclosed document presents a number of conceptual ideas for regulations governing commercial activities in residential zones within the Estes Valley. The goal is to foster discussion that leads to a consensus on a set of code changes governing commercial activities in residential zones. It is important to understand that this is not yet a proposal for a specific set of code changes. We hope to be able to prepare such a proposal from these discussions. Most importantly, we want to hear from the public and take into account the oral and written comments we receive. This will be on the agenda for the February 19th public meeting. We will discuss and vote on these conceptual ideas in the public meeting, subject to any changes identified during our discussions and public comment. A vote to approve this item will direct the Community Development staff to prepare specific code amendments to implement these concepts. These code amendments will then be the subject of a subsequent EVPC study session and public hearing. Parks and Recreation Facilities - Current Definition: 13.1.34 Park and Recreation Facilities​.​ Parks, playgrounds, recreation facilities and open spaces. This classification includes public parks, cemeteries, public squares, plazas, playgrounds, ballfields, public recreation areas, nonprofit botanical gardens and nature preserves. Golf courses are classified separately as a recreational use. Proposed Definition: 13.1.34 Park and Recreation Facilities​. Parks, playgrounds, recreation facilities and open spaces available for active recreation or passive recreation. This classification includes ballfields or courts, swimming pools, picnic shelters, cemeteries, public squares and plazas, nature preserves, and gardens. This classification also includes commercial and noncommercial activities and events which are low intensity, occasional and incidental such as art shows, bazaars, food and craft markets, and concessions. Permanent Parks and Rec Facilities Parks and Recreation Facilities should be viewed as permanent entities. They may be public or private. This is in contrast to temporary locations where occasional commercial activity may occur. Permanent public parks are owned by a government entity and are generally open for anyone to use. In addition to our big multi-use parks this includes small pocket parks and play areas used primarily by nearby residents. All public parks require a location and extent review which includes a public hearing. 1 Private Parks and Recreation Facilities include common areas in multi-family or PUD developments, apartment clubhouses, swimming pools, and tennis courts. They also includes private neighborhood facilities like swimming pools, tennis courts, and playgrounds that are not part of a PUD or multi-family housing complex. Access to private Parks and Recreation Facilities is usually limited to residents or residents and guests. I can’t think of any private Parks and Recreation Facility that doesn’t have some control over who can use the facilities along with other restrictions. Often these facilities require a membership. EVDC Table 5-2, which deals with accessory structures and uses in non-residential zones, has a category that would fit for private Parks and Recreation Facilities in residential zones. It is called “Private recreational facilities for use by residents, employees or guests”. We could add this category to Table 5-1, which covers residential zones, and list it as being allowed in RM zones in connection with a multi-family development and in PUDs. This would also include private neighborhood facilities like swimming pools, playgrounds, and tennis courts. We will need code changes in the EVDC to deal with private Parks and Recreation Facilities. They are often part of a development plan, PUD, or subdivision as described in Section 3, so this is where many of the code changes will reside. The establishment of private parks such as a neighborhood swimming pool or tennis courts may require a separate topic in Section 3 (e.g. 3.17). Since public and private parks will be dealt with separately in the code, it would make sense to have the two types of parks listed separately in table 4.1. This would alleviate the concern raised about the current entry for for Parks and Recreation Facilities in Table 4.1. The last column says that a Location and Extent review is required. We know that Location and Extent reviews are only required for public facilities. Thus, the table would become internally consistent on this point if public Parks and Recreation Facilities were listed separately from private ones, with the Location and Extent review only required for public facilities. Temporary Commercial Activity Temporary commercial activity in Parks and Recreation Facilities comes in 3 flavors: (1) Occasional commercial activity in public parks (e.g. farmers market in Bond Park, concert in Performance Park). These should require a Temporary Use Permit. (2) Commercial activity in a private Parks and Recreation Facility such as a band playing for an event in an apartment clubhouse or a fundraiser at a private neighborhood playground. These may or may not require a Temporary Use Permit, depending on the nature of the facility and event. (3) Occasional commercial activity in residential neighborhoods such as an art bazaar or neighborhood-wide garage sale. These would require a Temporary Use Permit. All of these permitted uses should be clearly defined in the code, limited in size and scope, and controlled through Temporary Use Permits. 2 To accommodate temporary commercial activity in Parks and Recreation Facilities the Temporary Use and Structures Sections 3.11 and 5.3 should be revised. These sections should be expanded to include temporary uses in Parks and Recreation Facilities and residential neighborhoods. The upper limit for “​occasional​” in terms of number of occurrences per time period needs to be defined. “​Incidental​” in this case would mean not the primary purpose or use of the property. “​Low intensity​” would mean it is consistent with activities one would normally see happening in a residential neighborhood such as occasional neighborhood-wide garage sales, craft markets, and art bazaars. Prohibited Commercial Activity Commercial activity in residential zones outside the above parameters would be prohibited. An existing commercial business in a residential zone would be grandfathered in but not allowed to expand or change the use classification of its business. Should they want to expand, these businesses could submit a request for rezoning to a commercial zone or a request for a special use code amendment similar to Eagle Rock School or the Stanley Historic Home. Obviously there would have to be very compelling reasons for either of these alternatives to be granted. The remedy for Cheley Camp is probably rezoning to A-Accommodations. The zoning definition for A-Accommodations may have to be changed to make it clear that it includes such things as summer camps. It is important to remember that HOA covenants can impose additional restrictions on what is allowed in a particular neighborhood. Other Considerations If we decide to allow permanent private Parks and Recreation Facilities in residential zones, beyond those connected with PUDs or multi-family housing, they should have widespread support from the adjacent neighborhoods. They should require neighborhood approval through an HOA or other neighborhood organization. Ideally, such a private Parks and Recreation Facility would be proposed, developed, and managed by a neighborhood organization. Examples: neighborhood swimming pool, playground, and tennis courts developed under the auspices of an HOA. Cemeteries can be included among the Parks and Recreation facilities that are allowed in residential zones. The likelihood of a new one coming about in the Estes Valley is very remote. However, this might come into play if an existing cemetery wanted to expand. If a cemetery wanted to add a funeral home this could also be a problem. Any event staged in a cemetery (yes it does happen) would need a Temporary Use Permit. We probably need some provision in the EVDC to limit what existing cemeteries can do 3 in the way of expansion in a residential neighborhood. However, compared to other potential code changes this would be a low priority. Home occupations should be excluded from the discussion of Parks and Recreation facilities. The regulations we have for home occupations are dealt with in Section 5.2 of the EVDC. If there are any defects in this code they should be dealt with in this section and not in Parks and Recreation Facilities. Standalone entertainment venues, recreation halls, and similar venues that are not connected with accommodations, multi-family housing, and PUDs should not be considered Parks and Recreation Facilities. Examples: Masonic Lodge and American Legion. Likewise, wedding and general meeting venues connected with accommodations should not be considered Parks and Recreation Facilities. Code Sections To Address 13.1.34 - Definition of Parks and Recreation Facility - see proposed definition above. 3.11 and 5.3 - Temporary Uses and Structures. Make it clear that these code sections apply to Parks and Recreation Facilities as defined in 13.1.34. Provide definitions for “Incidental”, “occasional” and “low intensity” as applied to commercial activity in residential zones. My suggestions: “Incidental” - Not the primary purpose or use of a property. “Occasional” - Two or fewer one-day events per year. “Low intensity” - Commercial activities that one would normally expect to find in a residential zone, such as neighborhood-wide garage sales, fundraisers, and art bazaars. Define additional criteria that must be met for granting a temporary use permit in a residential zone. For example, consider traffic, noise, parking, and past experience with the applicant or organization and past experience with events at that location. Table 4.1 Create separate entries for Public Parks and Recreation Facility and Private Parks and Recreation Facility. Only the public facilities would require a location and extent review. Private Parks and Recreation Facilities would reference a new code section that deals with review and approval of these entities (e.g. 3.17). Table 5.1 Add “Private recreational facilities for use by residents, employees or guests” to Table 5-1 and list it as being allowed in RM zones in connection with a PUD or multi-family development. 13.2.38 - Private membership recreational facility or club 4 13.3.170 - Outdoor activity 13.3.195 - Recreation, active. 13.3.196 - Recreation, passive 13.3.x - Define what “low intensity commercial use” means Define “commercial” as any activity where money changes hands. For our purposes this would include both for-profit and non-profit activities. Needed: A new code topic for the establishment or expansion of a cemetery. Summary of Commercial Activity in Residential Zones Residential Zone Activity Commercial Activity Regulation Comments Permanent Use Examples Establish new public park or expand existing one Location and extent review Establish PUD or Multi-family Development Common area, clubhouse, playground, swimming pool, tennis courts Development plan review & approval Becomes a private park for use by facility residents once developed Establish a new private park or expand existing one in a neighborhood Playground, swimming pool, tennis courts, botanical garden Neighborhood approval and control thru HOA or similar organization Establish new public cemetery or expand existing one Location and extent review Need new code in EVDC Establish new private cemetery or expand existing one Neighborhood approval Need new code in EVDC if it’s even allowed at all. Existing commercial business Existing commercial activity Permitted as a grandfathered usage No expansion or change of use permitted 5 Temporary Use Examples Existing public park Craft show Temporary use permit If it meets EVDC codes per 13.1.34, 3.11, 5.3 and others Existing public park Concert Temporary use permit See above Condo complex common area Craft show Temporary use permit See above Private home Art bazaar Temporary use permit See above Vacant lot Craft show Temporary use permit See above Existing private park Craft show Temporary use permit See above Existing private park Concert Temporary use permit See above Estes Valley Planning Commission February 19, 2019 6