Loading...
HomeMy WebLinkAboutPACKET Estes Valley Planning Commission 2019-03-19 The Estes Valley Planning Commission reserves the right to consider other appropriate items not available at the time the agenda was prepared. Prepared: March 13, 2019 Revised March 14, 2019 AGENDA ESTES VALLEY PLANNING COMMISSION March 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: February 19, 2019 Minutes: February 19, 2019 5. THEISS REZONE Continued to April 16, 2019 per staff request 6. CODE AMENDMENT: VACATION HOMES and BED AND BREAKFAST INNS Director Hunt Continued from February 19, 2019 meeting 7. CODE AMENDMENT: COMPREHENSIVE PLAN CONSISTENCY Director Hunt To be withdrawn per staff request 8. CODE AMENDMENT: PARK AND RECREATION FACILITIES Senior Planner Woeber Continued from February 19, 2019 meeting 9. DISCUSSION ITEM: PROPOSAL TO ADDRESS THE LACK OF REPRESENTATION RESOLUTION Continued from February 19, 2019 meeting 10. REPORTS Future Code Amendments Change in meeting times beginning May 21, 2019 11. ADJOURN Town of Estes Park, Larimer County, Colorado February 19, 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, Theis, Murphree, Smith, White Also Attending: Town Attorney White, Director Hunt, Senior Planner Woeber, Planner I Becker, Town Board Liaison Norris, County Liaison Whitley, Code Compliance Officer Hardin and Recording Secretary Swanlund Absent: Foster Chair Leavitt called the meeting to order at 11:00 a.m. There were 3 people in attendance. This study session was streamed and recorded on the Town of Estes Park YouTube channel. Code Amendment: Vacation Homes & Bed and Breakfast Inns Chair Leavitt noted that Town Clerk Jackie W illiamson has concerns about the amendments and would like a deferral on voting until March. Code Compliance Officer Hardin and Director Hunt agreed to continue the Code Amendment to the March 19 meeting however Hardin made note that she will not be in attendance for that meeting. Code Amendment: Consistency with Comprehensive Plan Director Hunt reviewed the Consistency with Comp Plan amendment, stating that it is the same material that was in the January meeting. Ministerial is not discretionary, no comp plan reference required. Legislative are discretionary proposals and would retain the comp plan reference. Chair Leavitt had several areas of concern, including wildlife corridors, making sure we don’t remove or replace things with regulatory implications, denied development plans need to have elements of the development code cited in the reasons, and whether or not the IGA will have an effect on this subject. The recommendation of not moving forward with this at this time was made as it is not holding up any current development plans. Michael Whitley explained that in Larimer County anything approved at staff level doesn’t require consistency with comp plan, the Development Code is the sole criteria. There was consensus to continue the amendment. Code Amendment: Park and Recreation Facilities (conceptual) Chair Leavitt made note that he was the author of the Conceptual Amendment, not Director Hunt or the Planning Commission. His motive for this was to keep consistency and generate discussion, and avoid contradictions and vagueness. The intent is a starting point for discussion. Today’s public hearing is not based on a full-fledged proposal but is a place to hear public comment. Last month this was only a discussion item, which was a new mechanism for the PC study sessions. Planning Commission Study Session February 19, 2019 – Page 2 Whitley explained that Larimer County handles code amendments with a monthly work session between Commissioners and Planning Commission. Often, the agreement is to not pursue the Code Amendment. For high-level amendments, the process is to get feedback, bring back for more discussion, have open house public meetings, bring back again for a public hearing. Conceptual idea is basically a laundry list of things to be done, leaning toward a narrower approach and make modifications if necessary. The intent is to steer away from special reviews by putting in code language that provides restrictions. Main public concerns are with the ambiguity of the terms commercial and noncommercial and the difference between public and private. Temporary uses have a lot of latitude. Contractors and developers are going to find loop holes. A possible solution for commercial entities may be a new Park/Recreation zone. Whitley stated that City of Greeley Regulations separate out true parks and rec facilities which allows taking non-park and rec out of certain definitions. Working with table 4.1, grandfathering and temporary use are the main goals. Moratoriums are temporary, you have to pursue a solution. It was agreed to continue the item to a later meeting. Lunch 12:05-12:25 By-Laws revision Planner Becker reviewed the updated By-Laws based on what was discussed at the December and January study session. There were no questions or comments on the new version. Meeting start times were discussed. Study session start time of 3:30 p.m., leaving a break for dinner, and regular meeting starting at 6:00 p.m. was agreed upon. A vote on this would make it a “normal” meeting time for the rest of the year. Public attendance will be tracked to see if the later time draws more interest with a review after six months. Plan is to begin the later meetings in April or May to give time for public notification. Becker also passed out handouts regarding parking thresholds and neighborhood and community meetings, which will be study session items in March. Joint Planning Area Resolution Leavitt wrote this resolution (attached) to let the Town Board know the Planning Commission’s thoughts on the IGA. The hope is to vote on this at the public meeting today, so it can be entered into the joint Town/County meeting being held this evening. It is hard to imagine planning without it being Valley wide. The issue is governance. There are plenty of reasons to keep the Joint Planning Area and losing it would be problematic for people living outside of town limits. Attorney White discussed what it was like prior to the IGA. RMNP kicked off the proposal due to the threat of development in the County. Citizens came up with the Comp Plan, funded through EPURA with help from a Consultant. The zoning plan was part of the comp plan, it was a 6 year process and implemented in 2000. Leavitt reviewed two components in addition to the resolution; modify the Development Code to have all projects with community wide impact be reviewed by the EVPC, and all appeals of Development Plan decisions be reviewed and approved by both the Town Board and County Commissioners. Attorney White stated that zoning power can’t be given to someone else therefore making component two likely illegal. Hunt added, from the role of the Department head of CD, that we are not compensated appropriately by the County, with 56% of work being in town and 44% county. Planning Commission Study Session February 19, 2019– Page 3 Consultant Report Woeber spoke on Ayres and Associates, the consultants that are working on our parking standards in the Development Code. A more detailed report will be available in March. Going paperless Director Hunt proposed getting rid of the paper notebooks and move to electronic devices: Individuals will be polled and asked which format they prefer. If electronic is preferred, the town will not be able to provide the hardware unless all members agree. Chair Leavitt adjourned the meeting at 1:15 p.m. _____________________________________ Bob Leavitt, Chair Karin Swanlund, Recording Secretary RECORD OF PROCEEDINGS Estes Valley Planning Commission February 19, 2019 Board Room, Estes Park Town Hall 1 Commission: Chair Bob Leavitt, Vice-Chair Sharry White, Commissioners Nick Smith, Robert Foster, Steve Murphree, Frank Theis Attending: Leavitt, White, Smith, and Theis Also Attending: Director Randy Hunt, Town Attorney Greg White, Senior Planner Jeff Woeber, Planner I Robin Becker, Town Board Liaison Ron Norris, Larimer County Liaison Michael Whitley, Code Compliance Officer Linda Hardin, Recording Secretary Karin Swanlund Absent: Foster, Murphree Chair Leavitt called the meeting to order at 1:30 p.m. There were approximately 40 people in attendance. 1. OPEN MEETING 2. APPROVAL OF AGENDA It was moved and seconded (Theis/White) to approve the agenda as presented and the motion passed 4-0. 3. PUBLIC COMMENT None 4. CONSENT AGENDA Approval of January 19, 2019 Planning Commission meeting minutes. Approval of January 19, 2019 Study Session minutes It was moved and seconded (White/Smith) to approve the agenda as presented and the motion passed 4-0. 5. RESOLUTION: JOINT PLANNING AREA and PROPOSAL TO ADDRESS THE LACK OF REPRSENTATION Chair Leavitt briefly outlined the proposed Resolution in Support of the Continuance of the Joint Planning Area. Public Comment: Tom Gootz, 2855 Grey Fox, in complete support of continuing the Joint Planning Area. Mike Kennedy, 2550 Devils Gulch Road, inherent problem of the town and county not having the same objectives; town wants commercial developments, county citizens want to preserve their residential tranquility. Joint areas don’t address opposing views. Citizens of county need support and advice independent of the town. Dave Converse, 2119 McGraw Ranch Road, in support of the resolution. RECORD OF PROCEEDINGS Estes Valley Planning Commission February 19, 2019 Board Room, Estes Park Town Hall 2 Jim Swaney, 1579 Jacob Road, doesn’t object to the joint process, but does not agree with how it is conducted. Commission comments: Smith supports the Joint Planning Area but agrees with some of the concerns of County residents. White supports the IGA continuation stating it works well for the Estes Valley. Theis supports the resolution and noted that it can be frustrating using a different building department, but the same planning department. The Planning Commission is the sounding board for the public and without the IGA, county residents would have to go to the Larimer County Planning Commission. Leavitt stated that we are one valley in terms of a community and people and concerns are across the entire valley. Separating land use planning from all the other joint planning seems to be backwards. There are issues that need to be addressed and resolved, but the IGA should stand. It was moved and seconded (Theis/White) to approve the Joint Planning Area Resolution as presented and the motion passed 4-0. Chair Leavitt reviewed the Proposal to Address the Lack of Representation, breaking it down into two parts. 1) Modify the Estes Park development codes to have all development projects with community wide impacts be reviewed and approved by the EVPC rather than the Community Development Staff. 2) Requirement that all appeals of development plan decisions be reviewed and approved by both the Town Trustees and County Commissioners in separate hearings, which is already being done for Code changes. Development decisions are quasi-judicial, Code changes are legislative in nature Attorney W hite stated that point number two is not legally sustainable as written in Colorado. Ultimate power to approve land use is retained individually between the Town Board and the County Commissioners. Leavitt added that perhaps this would be an advisory role, rather than an approval role for the governing bodies to weigh in on. Theis stated that he thinks the resolution needs to be refined. White recommended a continuance to March. It was moved and seconded (White/Smith) to continue the Proposal to Address the Lack of Representation Resolution as presented to the March 19, 2019 meeting. The motion passed 4-0. 6. PLANNING COMMISSION BY-LAWS Planner Becker reviewed the objective of the By-Law’s amendment. The previous update was done in 2014. This update’s main focus is on Planning Commission meeting start times to allow for a greater number of public to attend. Staff recommended April as a date for notification of the new times, to be effective with the May 21 meeting. RECORD OF PROCEEDINGS Estes Valley Planning Commission February 19, 2019 Board Room, Estes Park Town Hall 3 Commission Discussion: 99% of changes are a cleaning up of previous by-law versions. The intent is to move to evening meetings and monitor attendance for six months. Another change is following the State Statutes on dealing with conflicts of interest. It was moved and seconded (Theis/Smith) to approve the updated By-Laws and the motion passed 4-0. 7. ESTABLISH START TIME FOR PLANNING COMMISSION MEETINGS AND STUDY SESSION This change came about from public requests of wanting to attend meetings but unable to due to the afternoon time. It was moved and seconded (Leavitt/White) to set the Study Session start time to 3:30 p.m. and meeting start time to 6:00 p.m., ending by 10:00 p.m. unless otherwise voted to extend, for the remainder of the year, with a review after six months, effective May 1, 2019 and the motion passed 4-0. 8. CODE AMENDMENT: VACATION HOMES AND BED AND BREAKFAST INNS Request to continue to March, 2019 meeting. It was moved and seconded (Theis/White) to continue the Vacation Homes and Bed and Breakfast Code Amendments to March. The motion passed 4-0. 9. CODE AMENDMENT: COMPREHENSIVE PLAN CONSISTENCY Director Hunt stated that it is staffs request to continue the item to a later meeting, but to review and allow public comment at this meeting. There is no time line or deadline for this subject. He reviewed the code amendment and the recent discussions regarding it. This would remove some but not all comprehensive plan references and review criteria from the Development Code. Traditional planning, broadly speaking, has two types of actions to be taken: Ministerial, which are administrative actions, would remove comp plan references as criteria (variances, development plans, temporary uses/structures, Location and Extent reviews, final subdivision plats) and Legislative, which are discretionary actions, would keep comp plan references. Public Comment: Tom Gootz, concerned about what has already been taken out of the Comprehensive Plan, specifically Section 7.8, Wildlife Habitats. In 2008 an updated map of Wildlife Habitat areas, protecting Big Horn Sheep and Raptors was published. This is not what people want. There are far reaching effects that must be paid attention to. Committee Discussion: Need a closer look to fully understand the ministerial changes. Theis agreed in principle with Tom Gootz on the wrongful removal of wildlife habitat, and we need to be sure a RECORD OF PROCEEDINGS Estes Valley Planning Commission February 19, 2019 Board Room, Estes Park Town Hall 4 requirement of wildlife habitats are in plan reviews. It is unknown at this point what comp plan will look like in the future. It was moved and seconded (White/Theis) to continue the Code Amendment of Comprehensive Plan Consistency to March, 2019. The motion passed 4-0. 10. CODE AMENDMENT: PARK AND RECREATION FACILITIES Chair Leavitt stated that he authored the conceptual plan written in an effort to generate discussion not a proposal, and in an attempt to avoid unintended consequences. He added that he didn’t sign his name, and Director Hunt was not involved. Staff recommended continuance of the Park and Recreation Code Amendment. Public Comment: Mike Kennedy, asked why we are putting emphasis on commercial development in residential districts. Mark Gunther, 421 Ridgeview Lane, hopes that any future code changes would be such that if we are looking at a commercial project in a residential area the code not allow it. Geoff Letchworth, 1726 Devils Gulch Road, there is no protection for open space land becoming developed. Tom Gootz, Table 4.1 includes many Commercial uses allowed in Residential zones and this needs to be considered. Ed Degan, 2534 Devils Gulch, delineation between residential and commercial is what people like and want. Virginia Page, 1861 Raven Ave, residential should mean residential, protect Estes Park or it won’t be Estes Park anymore. Diane Ernst, 148 Stanley Circle, appreciates what was said at the Study Session. Thanks to the Planning Commission for hearing the public. Commission Discussion: It was agreed that this is an incomplete process, and the emails have been received and heard and taken seriously, give and take will be necessary to make this all work. Recreation does not have to mean commercial. No code can anticipate every scenario that may come up. It is the hope of the PC to clarify as best we can and allow for temporary uses and keep residential residential. A complete proposal will be forthcoming. The moratorium is in place until April. Theis thinks there should be little if any commercial in residential areas. It was moved and seconded (Theis/White) to continue the Code Amendment for Park and Recreation Facilities to March, 2019. The motion passed 4-0. RECORD OF PROCEEDINGS Estes Valley Planning Commission February 19, 2019 Board Room, Estes Park Town Hall 5 11. REPORTS: Director Hunt A) Two amendments for later study session: minimum number of parking spaces for development reviews, and Neighborhood and Community meeting notification updates and sign requirements. B) Planning Technician will be hired to help with work load. C) Planning Commission vacancy for a Town resident. There being no further business, Chair Leavitt adjourned the meeting at 3:00 p.m. _________________________________ Bob Leavitt, Chair __________________________________ Karin Swanlund, Recording Secretary COMMUNITY DEVELOPMENT Staff Report To: Estes Valley Planning Commission From: Date: RE: Linda Hardin, Code Compliance Officer March 19, 2019 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: March 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 each 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 which a registration is held for a full 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 residing in the Estes Valley Recreation and Park District boundary, 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: Date: Linda Hardin, Code Compliance Officer March 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: March 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)) Memo COMMUNITY DEVELOPMENT To: Estes Valley Planning Commission From: Jeffrey Woeber, Senior Planner Date: March 19, 2019 RE: Amendment to the Estes Valley Development Code Regarding the “Park and Recreation Facilities” Use: Revise the Definition, Revise the Permitted Uses Tables, Add Specific Use Standards Planning Commission Objective: Review and provide a recommendation for a proposed text amendment to the Estes Valley Development Code (EVDC), summarized as follows: •Revise and expand the definition of “Park and Recreation Facility” in Chapter 13, Definitions, Section 13.2, Use Classification/Specific Use Definitions and Examples, by separating the definition into “Public” and Private.” •Revise Chapter 4, Zoning Districts, Table 4 – 1, Permitted Uses: Residential Zoning Districts by adding the revised use, “Park and Recreation Facilities – Public” as a use- by-right in all Residential Zoning Districts. •Revise Chapter 4, Zoning Districts, Table 4 – 4, Permitted Uses: Nonresidential Zoning Districts by adding the revised use, “Park and Recreation Facilities – Public and Private” as a use-by-right in the A, A-1, CD, CO, and O Nonresidential Zoning Districts. •Revise Chapter 5, Use Regulations, Section 5.1, Specific Standards, by adding standards applicable to Public Park and Recreation Facilities and to Private Park and Recreation Facilities. Code Amendment Objective: To revise the “Park and Recreation Facilities” use in the EVDC to address issues and concerns that have recently been raised, primarily with how the use is currently defined and regulated, and that use being allowed to be established in a residential zoning district in the Estes Valley. Exhibits 1a, 1b, and 1c, are attached, detailing the specific amendments. Staff recommends the Estes Valley Planning Commission recommend approval of the language in the Code Amendment Exhibits to the Town Board of Trustees and the Board of County Commissioners. MARCH 19, 2018 EVPC CODE AMENDMENT, PARK AND RECREATION FACILITIES PAGE 2 OF 4 Background, Discussion: The existing “Park and Recreation Facilities” use is currently allowed as a use-by-right in all residential, and all but two of the non-residential zoning districts in the EVDC. This became a significant issue recently with a Development Plan application and approval for a “Recreation Facility” use that was allowed as a use-by-right in an RE, Rural Estate zoned area of the Estes Valley. With the concerns and opposition that was raised with that proposal, the Town of Estes Park Board of Trustees and the Larimer Board of County Commissioners imposed a moratorium on the acceptance and processing of any development applications for Park and Recreation Facilities in residential zoning districts within the Estes Valley Development Code planning area. This moratorium is currently through April 7, 2019. During that time, the Boards directed staff to amend the EVDC, to where the “Park and Recreation Facilities” use would be better clarified and defined, and where potential further issues could be avoided. There have been a few attempts at a Code Amendment over the past couple of months, none of which have been found viable by the Planning Commission, Town Staff, and/or County Staff. This current Code conceptual approach has been drafted by Robert Leavitt, Chairman of the Estes Valley Planning Commission. A proposal and explanation written by Chairman Leavitt is attached. The Code Amendments attached as Attachments 2a through 2c were put together by staff, in the standard Code Section Exhibit format. Staff Findings: The text amendments comply with EVDC §3.3.D (Code Amendments – Standards for Review). §3.3.D Code Amendments, Standards for Review “All rezoning and text amendments to the EVDC shall meet the following criteria:” 1.“The amendment is necessary to address changes in conditions in the areas affected;” Staff Finding: Although this finding is to be made for a proposed Code Amendment, staff notes it is more applicable to a rezoning (zoning map amendment). The Code Amendment is essentially applicable to the Estes Valley planning area as a whole, and no specific area has been, or will be 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:” Staff Finding: There is no “development plan” associated with this, or any Code Amendment per se. The Estes Valley Comprehensive Plan, under Chapter 6, Community Wide Policies, does have various sections with recommendations regarding, for example, Land Use, Community Design, Growth Management, Scenic and Environmental Quality. Although there are few recommendations or policies that can be pinpointed to this Park and Recreation Facilities Code Amendment specifically, in a general sense revising the EVDC as proposed is compatible and consistent with the policies and intent of the Comprehensive Plan. MARCH 19, 2018 EVPC CODE AMENDMENT, PARK AND RECREATION FACILITIES PAGE 3 OF 4 3. “The Town, County or other relevant service providers shall have the ability to provide adequate services and facilities that might be required if the application were approved.” Staff Finding: Town, County or other relevant service providers would not be significantly impacted regarding their respective services and facilities, if this Code Amendment is approved. Advantages: • Generally complies with the EVDC §3.3.D Code Amendments, Standards for Review. • Clarifies and better defines the “Park and Recreation Facilities” use. Disadvantages: • Adds slightly to Code length and complexity. Action Recommended: Review the amendment for compliance with Estes Valley Development Code (EVDC) §3.3.D Code Amendments, Standards for Review and forward a recommendation to the Estes Park Town Board of Trustees and the Board of Larimer County Commissioners for a final decision to approve. Level of Public Interest Medium. Some public comment has been received. Written comments have been received for this proposal. All written comments are posted to: www.estes.org/currentapplications. Sample Motion: APPROVAL I move to recommend that the Estes Park Town Board of Trustees and the Board of Larimer County Commissioners APPROVE the text amendment to the Estes Valley Development Code as presented in the text amendment exhibits as recommended by staff, with findings as recommended by staff. CONTINUANCE I move to CONTINUE this agenda item to the next regularly scheduled Planning Commission meeting because…. (state reason(s) for continuance). DENIAL I move to recommend that the Estes Park Town Board of Trustees and the Board of Larimer County Commissioners DENY the text amendment to the Estes Valley Development Code as presented in the text amendment exhibits, finding that . . . (state reasons for denial). Attachments: Attachment 1 – Parks and Recreation Code Change Proposal, by EVPC Chairman Leavitt Attachment 2a – c, “Exhibit Red”: 2a – EVDC, Section 13.4, Definition 2b – EVDC, Table 4 – 1 and 4 – 4 (Excerpts of Full Tables) 2c – EVDC, Section 5.1, Specific Use Standards ATTAC § 13.2 - USE CLASSIFICATIONS/SPECIFIC USE DEFINITIONS AND EXAMPLES C. Use Classification/Specific Use Definitions and Examples. This Section sets forth specific use classifications in alphabetical order. A general definition is typically provided for each use classification, and in many instances examples are provided of specific uses that fall within the broader use classification. When a specific use example is provided, the example should satisfy both the broader classification's general definition as well as the definition of the specific use, if provided. Finally, the text may provide specific examples of uses that are not included in a particular use classification (referred to in the text as "exceptions"). 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. (Ord. 17-17, § 1(Exh. F)) 34.Park and Recreation Facilities. a.Park and Recreation Facilities – Public. Publicly owned parks, playgrounds, recreation facilities and open spaces. Ownership is through public entities such as federal, state, county and municipal government or a public recreation district. Golf courses are classified separately as a recreational use. b.Park and Recreation Facilities – Private. Privately owned and operated parks, playgrounds, recreation facilities and open spaces. Golf courses are classified separately as a recreational use. Attachment 2A § 4.3 - Residential Zoning Districts B. Table 4-1: Permitted Uses: Residential Zoning Districts. Table 4-1 Permitted Uses: Residential Zoning Districts Use Classification Specific Use Zoning Districts Additional Regulations (Apply in All Districts Unless Otherwise Stated ) "P" = Permitted by Right "S1 or S2" = Permitted by Special Review "—" = Prohibited RE- 1 RE E- 1 E R R- 1 R- 2 RM INSTITUTIONAL, CIVIC AND PUBLIC USES Park and Recreation Facilities P P P P P P P P §3.13, Location & Extent Review Park and Recreation Facilities - Public P P P P P P P P §3.13, Location & Extent Review Park and Recreation Facilities - Private ________________ Attachment 2B § 4.4 - Nonresidential Zoning Districts B. Table 4-4: Permitted Uses: Nonresidential Zoning Districts. Table 4-4 Permitted Uses: Nonresidential Zoning Districts Use Classification Specific Use Nonresidential Zoning Districts Additional Regulations (Apply in All Districts Unless Otherwise Stated) "P" = Permitted by Right "S1 or S2" = Permitted by Special Review "—" = Prohibited A A-1 CD CO O CH I-1 INSTITUTIONAL, CIVIC & PUBLIC USES Park and Recreation Facilities P P P P P ——§3.13, Location & Extent Review Park and Recreation Facilities – Public P P P P P ——§3.13, Location & Extent Review Park and Recreation Facilities – Private P P P P P —— Attachment 2B CHAPTER 5. - USE REGULATIONS § 5.1 - SPECIFIC USE STANDARDS This Section contains regulations that apply to specific uses or classes of uses. W. Park and Recreation Facilities. Park and Recreation Facilities shall be divided into two classifications: Public, and Private, as defined in the EVDC Section 13.2.C.34.a. and 13.2.C.34.b. 1.Public Park and Recreation Facilities include traditional public parks, cemeteries, public squares, plazas, playgrounds, ballfields, nature preserves, botanical gardens, and other indoor and outdoor recreation facilities owned by public entities such as federal, state, county and municipal government or a recreation district. Temporary commercial and non-commercial uses are allowed through a temporary use permit as specified in EVDC Section 5.3. Public Park and Recreation Facilities are permitted in most zoning districts as listed in Tables 4 – 1 and 4 – 4. Public Park and Recreation Facilities in non-residential zoning districts may have private concessions and rental arrangements for use of facilities therein. Public Park and Recreation Facilities in residential zoning districts are not permitted to have private concessions and rental arrangements for facilities therein. A Location and Extent Review is required to establish or modify a Public Park and Recreation Facility. 2.Private Park and Recreation Facilities include privately owned and operated commercial and non-commercial parks, playgrounds, ballfields, nonprofit botanical gardens, nature preserves, cemeteries and other private indoor and outdoor recreation facilities. Private Park and Recreation Facilities are not permitted in residential zoning districts (See Table 4 – 1). Private Park and Recreation Facilities are permitted in most non-residential zoning districts (See Table 4 –4). Attachment 2C