HomeMy WebLinkAboutPACKET Estes Valley Planning Commission 2016-02-16Prepared: February 9, 2016
* Revised:
STUDY SESSION AG ENDA
ESTES VALLEY PLANNING COMMISSION
Tuesday, February 16, 2016
11:30 p.m.
Estes Park Town Hall, Room 202
11:30 Lunch Chair Hull
11:40 Vacation Rental Task Force Larimer Cty. Comm Dev
Director Gilbert
11:45
Introduction of Interim Community Development Director
Chair Hull
11:50
Review of Minutes
Chair Hull
11:55 EVDC & EMPC Amendment Relating to Vacation
Rentals
Planner Kleisler
12:55
EVDC Amendment regarding Employee Housing
Administrator Lancaster
1:20 Adjourn to meeting Chair Hull
Informal discussion among Commissioners concerning agenda items or other Town matters may
occur before this meeting at approximately 11:15 p.m. The public is welcome to attend study
sessions; however, public comment will not be accepted. Times are approximate.
The Estes Valley Planning Commission reserves the right to consider other appropriate items not available at the time the agenda
was prepared.
Prepared: February 9, 2016
* Revised:
AGENDA
ESTES VALLEY PLANNING COMMISSION
February 16, 2016
1:30 p.m. Board Room, Town Hall
NOTE: DUE TO BROKEN EQUIPMENT, THIS MEETING WILL NOT BE STREAMED LIVE ON THE
TOWN WEBSITE. YOU CAN, HOWEVER, WATCH THE LIVE MEETING ON TDS CABLE CHANNEL
12, OR WAIT FOR THE RECORDING TO BE PUBLISHED.
WE ARE SORRY FOR ANY INCONVENIENCE THIS HAS CAUSED.
1. OPEN MEETING
Planning Commissioner Introductions
Introduction of Interim Community Development Director – Karen Cumbo
2. PUBLIC COMMENT
The EVPC will accept public comments regarding items not on the agenda. Comments should not
exceed three minutes.
3. CONSENT AGENDA
A. Approval of minutes of December 9, 2015 Special Planning Commission Meeting
B. Approval of minutes, December 15, 2016, Planning Commission Meeting
4. PROPOSED AMENDMENT TO THE ESTES VALLEY DEVELOPMENT CODE & ESTES PARK
MUNICIPAL CODE RELATING TO VACATION HOME RENTALS
5. PROPOSED AMENDMENT TO THE ESTES VALLEY DEVELOPMENT CODE RELATING TO
EMPLOYEE HOUSING REGULATIONS
Proposed revisions to deed-restricted employee housing regulations in non-residential zoning
districts, e.g. CO – Commercial Outlying district. Revisions include, but are not limited to,
removal of requirement for employees to work on-site and revisions to density requirements.
6. REPORTS
A. Estes Valley Board of Adjustment – no applications reviewed in December or January
B. Estes Valley Planning Commission – no meeting in January
C. Estes Park Town Board
1. Amended Plat of a portion of Lot 26, Little Prospect Mountain Subdivision approved
December 8, 2015
2. EPMC Wellness Training Center approved December 15, 2015
3. Stonebridge Estates Supplemental Condominium Map #9 approved January 12, 2016
4. Rocky Mountain Performing Arts Center Special Review & Amended Plat approved January
26, 2016
5. Riverview Pines Preliminary Subdivision Plat approved February 9, 2016
6. Fee Schedules approved February 9, 2016
D. Larimer County Board of County Commissioners
1. Mountain Meadow Preliminary Subdivision Plat approved January 19, 2016
2. Centennial Hills Amended Plat approved January 19, 2016
3. Voeks Legal Lot Appeal continued to March, 2016
E. Flood Recovery/Mitigation
1. Flood Recovery Planning Technician Aaron Tulley started work Monday, February 8, 2016 for
a one-year grant-funded position
F. Other
7. ADJOURN
COMMUNITY DEVELOPMENT Report
To: Estes Valley Planning Commission
CC: Honorable Mayor Pinkham
Estes Park Board of Trustees
Honorable Commissioner Chair Donnelly
Larimer County Board of County Commissioners
Town Administrator Lancaster
County Manager Hoffmann
From: Philip Kleisler, Planner II
Date: February 16, 2016
RE: Review of Vacation Home Text Amendment
Objective:
Review of a draft text amendment for compliance with Estes Valley Development Code
(EVDC) §3.3.D Code Amendments, Standards for Review.
Present Situation:
The so-called “sharing economy” continues to grow out of almost universal internet
usage. This has allowed the longstanding vacation home use in Estes Park to grow at
an impressive rate. As with many mountain communities, Estes Park is experiencing
high demand for visitors that want to stay in homes during their vacation as opposed to
traditional hotel/motels. The Town of Estes Park and Larimer County have engaged in a
long and public conversation over the proliferation of vacation home rentals in the Estes
Valley Planning Area.
The Town and County have hosted four (4) public forums and the Planning Commission
has held one public hearing to accept testimony about this text amendment. Each of
these meetings were well attended, attracting between roughly 70 to over 100 people.
Most recently, the Town Board, County Commissioners and Planning Commission
discussed various components of this project during a February 2, 2016 joint work
session, including:
1. Annual Operating Permit Limit.
2. Neighborhood Communication.
3. Enforcement.
4. Vacation Homes Hosting Parties Greater Than Eight.
Any text amendment to the EVDC shall comply with §3.3.D Code Amendments,
Standards for Review, including:
1. 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
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.
Proposal:
Annual Operating Permit Limit
The Planning Commission received public comment about setting a limit on the number
of licenses, which was then discussed at the recent joint work session. The Town Board
and County Commissioners requested that the Planning Commission discuss this
concept and provide a recommendation on if it should be pursued.
Permitted vacation homes in the Estes Valley have increased roughly 25-30% in the
past five years. A central land use policy question in determining any limit is: “how many
of our housing units should be allowed to be a vacation home?” Table 1 lists some
options for the Commission to consider. Currently, the 339 permitted vacation homes in
the Estes Valley represent 4.7% of Housing Units counted in the 2010-2014 American
Communities Survey (Census Bureau). Increasing the limit to 10% of total Housing
Units would allow for up to 729 Annual Operating Permits throughout the Estes Valley.
Twenty five percent (25%) of Housing Units would set the limit at 1,822.
Table 1. Options for vacation home limit.
Town Unincorporated Valley Total
Housing Units 4,227 3,060 7,087
Vacation Home Licenses 187 152 339
VHRs as a % of Housing Units 1 4.4% 5.0% 4.7%
Vacation Home Options
5% of Housing Units 211 153 364
7% of Housing Units 296 214 510
10% of Housing Units 423 306 729
25% of Housing Units 1,057 765 1,822
1 Source: American Communities Survey 2000-2014, developed by Colorado State Demography Office.
Setting a limit of the number of Annual Operating Permits is ultimately a land use policy
decision. Table 2 below lists initial benchmarking of numerous Colorado communities.
Table 2. Initial benchmarking analysis for license cap.
City Housing Units 2 VHRs (Estimate) VHRs as a % of Housing Units
Aspen 6,039 651 11%
Avon 3,882 381 10%
Durango 7,659 97 1%
Frisco 3,140 557 18%
Grand Lake (central) 1,015 76 7%
Grand Lake (greater area) 3,485 236 7%
Steamboat Springs 9,766 2,185 22%
Telluride 1,963 503 26%
Telluride/Mountain Village 3,890 697 18%
Vail 7,209 1,131 16%
Boulder 44,029 292 1%
Fort Collins 59,518 115 0%
Denver 290,624 459 0%
Neighborhood Communication
A central theme staff has heard throughout the public process has been the need for
better communication among a vacation home owner and surrounding property owners.
The Estes Valley Development Code (EVDC) does not currently require any
neighborhood notification throughout the licensing process. The attached draft
ordinance seeks to improve communication among the various groups involved in
vacation home rentals:
1. Renters. §5.1.B.1.d(1) requires an internal posting containing, at a minimum, the
contact information for the property manager or owner, the maximum number of
occupants and vehicles; water and gas shutoff locations; quiet hours; and
information about refuse disposal.
2. Code Compliance Staff. §5.1.B.1.d(2) requires a reference to the property’s
license number with all online listings.
3. Neighboring Properties. §5.1.B.1.d(3) requires that written notice be mailed to
nearby neighbors providing the name and contact information for property
manager and/or owner.
During the recent work session the boards also discussed the concept of annual
mailings to all neighbors of vacation homes each year prior to renewal. The Town Clerk
could then refer application to the Planning Commission for review if surrounding
2 Source: American Communities Survey 2000-2014, developed by Colorado State Demography Office.
property owners object to the use. This concept has been routed to the Town Clerk,
Administration Department and Town Attorney. During their review numerous issues
were identified relating to staffing and review criteria. At this point staff does not have a
recommendation about this component, though numerous related public comments are
included in your packet.
Enforcement
At the recent joint work session the group discussed a possible intergovernmental
agreement between the Estes Park Police Department and Larimer County Sherriff’s
Office to enforce certain laws in the unincorporated Estes Valley. The outcome of those
discussions will likely be presented at a Town Board meeting in April 2016. As such, the
Planning Commission does not need to comment on those actions at this point. The
Town Board did recently increase Annual Operating Permit fees for vacation homes
within Estes Park. This additional stream of income will directly fund a code compliance
officer to focus on vacation home enforcement.
Vacation Homes Hosting Parties Greater Than Eight
An impetus in initiating this project was the request to operate vacation homes in the
Estes Valley to parties greater than eight (the current limit). During the joint work
session the group agreed to proceed with a County-led task force to develop
recommendations for this new zoning use. The Planning Commission will have a liaison
on the task force.
§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 area
affected;
Staff Comment:
Prior to 2010 vacation homes were allowed in the Town as an accessory use to
single family homes. An accessory use refers to the use of land that is clearly
incidental and subordinate to the primary use of land. An example of an
accessory use is a hotel pool or restaurant that is primarily used by the on-site
guests.
In 2010 the Town Board and County Commissioners opted to allow vacation
homes as a principle use throughout the Estes Valley. To achieve this, the
regulations needed to be transferred from the Estes Park Municipal Code to the
Estes Valley Development Code. Larimer County prohibited vacation homes prior
to these 2010 changes. Vacation rentals have increased each year since the
changes in 2010, bringing with them ancillary services such as local marketing
websites and professional property managers.
The continued rise in local vacation home rentals is not surprising given the
national trend moving in that direction. Many vacationers prefer the comfort and
convenience of renting a home rather than bunking together in a hotel room. Not
surprisingly, websites connecting vacationers with vacation home owners have
become very popular.
A substantial change was made in 2010 that reclassified vacation homes in the
Estes Valley from an accessory use to a principle use. That change to a principle
use allowed single family homes to be built or converted to serve solely as a
vacation home. Prior to 2010 the principle use generally needed to be long term
residential, with vacation homes allowed as an accessory use. In practice this
usually consisted of home owners occasionally renting their primary residence as
a vacation home. Since 2010 we have seen an increase in licensing by 64.5%
(Figure 1).
Staff expects the increase in rentals to continue for the foreseeable future. The
increase of this accommodation use in residential districts will likely generate
some land use conflicts among rental owners and nearby residents. Because of
this staff believes that the provisions of the draft ordinance, particularly those
related to neighborhood communication, are critical in facilitating harmonious
relationships in residential neighborhoods.
2. The development plan, which the proposed amendment to this Code would
allow, is compatible and consistent with the policies and intent of the
0
50
100
150
200
250
300
350
400
2010 2011 2012 2013 2014 2015 2016Number of PermitsTown County
206
339
Figure 1. Number of Annual Operating Permits over time.
Comprehensive Plan and with existing growth and development patterns in
the Estes Valley;
Staff Comment: Specific policies of the Estes Valley Comprehensive Plan are
listed below, along with staff comments.
Housing Policy 5.2 Encourage housing for permanent residents of all sectors of
the community that is integrated into and dispersed throughout existing
neighborhoods.
Staff Comment: The contemplated a limit (or “cap”) of Annual Operating Permits
may advance this policy by preserving some level of long-term residential use
should the limit ever be reached.
Economics Policy 7.1 Maintain a unique blend of businesses, residents and
guests, without negatively affecting the natural beauty of the Estes Valley.
Staff Comment: Vacation Homes currently provide an alternative to traditional
Hotel/motels.
Economics Policy 7.3 Sustain and support the existing tourism industry and
marketing programs.
Staff Comment: Vacation homes are one component of vigorous marketing for
lodging facilities in the Estes Valley. Aside from the numerous independent
agencies offering vacation homes, the Estes Park Local Marketing District
promotes both hotels and cabins. There has recently been some level of
coordination among vacation home owners and the Estes Park Local Marketing
District.
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 Comment: The draft amendment has been shared with service providers.
The draft ordinance should have little-to-no impact on public services.
Advantages:
• An advantage to establishing a Valley-wide limit on Annual Operating Permits is
that future boards may reassess the community's direction if the cap is ever
reached, allowing for a “pause” if needed.
• Strengthening neighborhood communication through §5.1.B.1.d Posting of the
draft ordinance seeks to strengthen communication among vacation homes
owners and area neighbors.
Disadvantages:
• §5.1.B.1.d Posting of the draft ordinance will require additional efforts of the
vacation home owner. However, increased communication to renters and
neighbors may ultimately decrease time spent on nuisance issues.
Action Recommended:
The Town Board and County Commissioners have requested that the Planning
Commission review and provide a recommendation of the draft ordinance. Staff is
attempting to coordinate a joint meeting on March 30 for the Town Board and County
Commissioners to adopt the final ordinance. Because of this, the Planning Commission
has the opportunity to discuss and provide a recommendation today, or revisit and
provide a final recommendation during your March meeting.
Budget:
N/A
Level of Public Interest
High. All public forums and meetings have been very well attended. Staff continues to
receive written and verbal comments on the topic.
Attachments:
1. Draft Ordinance
Attachment 1: Draft Ordinance, Development Code
Additions are shown in blue.
Deletions are shown in red.
§5.1 SPECIFIC USE STANDARDS
B. Bed and Breakfast Inn and Vacation Home. (Ord. 02-10 §1)
1. General Applicable Standards. All bed and breakfast inns and vacation homes shall
be subject to the following (see §5.1.B.2 and §5.1.B.3 for additional regulations):
a. Annual Operating Permit.
(1) Permit Required. All bed and breakfast inns and vacation homes shall
obtain an operating permit on an annual basis. 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.
(2) Local Contact. The permit shall designate a local resident or property
manager of the Estes Valley Park Light and Power Service Area who can
be contacted and is available twenty-four (24) hours per day, with regard to
any violation of the provisions of this Section. If necessary, the local resident
or property manager shall respond to complaints on site within thirty (30)
minutes. The person set forth on the application shall be the representative
of the owner for all purposes with regard to the operation of the bed and
breakfast inn or vacation home.
(3) State Sales Tax License. A condition of issuance of the annual operating
permit shall be proof of a current sales tax license.
(4) Density. The total number of Annual Operating Permits shall be limited to
___. Should the total allowance of Annual Operating Permits be reached, the
Town shall maintain a waitlist for all subsequent applications.
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.
c. Residential Character. Bed and breakfast inns and vacation homes 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) 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 or vacation
home.
(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 or vacation home, 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.
(7) Quiet hours. No use of outdoor hot tubs or pools shall be allowed after 10:00
Attachment 1: Draft Ordinance, Development Code
Additions are shown in blue.
Deletions are shown in red.
p.m.
d. Postings.
(1) Bed and breakfast inns and vacation homes shall have a clearly legible notice
posted on-site, containing at a minimum the following:
(a) Name and telephone number of the local contact and property owner;
(b) Maximum number of occupants and vehicles allowed;
(c) Safety information, such as water and gas shut off locations;
(d) Quiet hours; and
(e) Refuse disposal and wildlife protection standards.
(2) Property owner or local contact of any bed and breakfast inn and vacation
home shall include in all advertising the vacation home rental license or
permit number.
(3) Neighbor Notification. Prior to issuance of initial Annual Operating Permit, the
owner or local contact shall be responsible for mailing a written notice.
(a) Notice shall be by first class mail, with certificate of mailing, to the owners
of properties within one hundred (100) feet of the subject property.
(b) Notices shall provide a name and telephone number of the local contact
and property owner.
(c) Copies of all required mailing lists and mailing certificates shall be provided
to the Community Development Director prior to issuance of initial Annual
Operating Permit.
(d) Vacation homes legally existing as of the effective date of this code shall
be required to send written notice.
d.e. 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 or a vacation home shall not be reduced to less than
two (2).
(2) Maximum Allowed Parking. Unless otherwise permitted by this Chapter,
parking shall comply with §5.2.B.2.e no more than three (3) vehicles shall be
parked outside at any one (1) time. Vehicles enclosed within a garage do not
count towards this maximum. On-street parking shall be prohibited. Refer
to §5.2.B.2.f, which may further limit the number of vehicles permitted on site.
e.f. Employee Housing Units. Employee housing units shall not be rented, leased or
furnished for tenancies of less than thirty (30) days. (See §5.2.C.2.a).
f.g. Attainable Housing Units. Attainable housing units shall not be rented, leased or
furnished for tenancies of less than thirty (30) days. (See §11.4.E).
g.h. Accessory Dwelling Units. Bed and breakfast inns and vacation homes 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.i. 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.
Attachment 1: Draft Ordinance, Development Code
Additions are shown in blue.
Deletions are shown in red.
j. Density. Only one (1) vacation home or bed and breakfast inn shall be permitted
per residential dwelling unit.
2. All bed and breakfast inns shall also be subject to the following:
a. Occupancy.
(1) Maximum Occupancy. No more than eight (8) guests shall occupy a bed and
breakfast inn at any one time. This maximum allowable occupancy shall be
further limited by a maximum of two (2) guests per bedroom plus two guests.
(2) 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 performing small weddings or offering classes/workshops to
guests, provided they are in character with residential use.
c. Meal Service. Bed and breakfast inns may provide meals service to
registered guests; however, meals shall not be provided to the general public.
3. All Vacation homes shall also be subject to the following:
a. Occupancy.
(1) Maximum Occupancy. No more than eight (8) individuals shall occupy a
vacation home at any one time. This maximum allowable occupancy shall be
further limited by a maximum of two (2) individuals per bedroom plus two
(2) individuals.
(2) Number of Parties. Vacation homes shall be rented, leased or furnished to
no more than one (1) party, occupying the vacation home as a single group.
Owners of the vacation home shall not be permitted to occupy the
vacation home while a party is present.
b. Home Occupations. Home occupations shall not be operated on the site of
a vacation home, nor shall vacation homes offer ancillary services to guests.
See §5.2.B.2.d). (Ord. 02-10 §1)
(Ord. 8-05 §1, 6/14/05; Ord. 6-06 §1, 9/26/06; Ord. 02-10 §1, 1/26/10; Ord. 19-11 §1, 9/27/11)
Attachment 1: Draft Ordinance, Development Code
Additions are shown in blue.
Deletions are shown in red.
§ 5.2 ACCESSORY USES (INCLUDING HOME OCCUPATIONS) AND
ACCESSORY STRUCTURES
Table 5-2
Accessory Uses Permitted in the Nonresidential Zoning Districts
Accessory Use
Residential Zoning District
"Yes" = Permitted "No" = Not Permitted
"CUP" = Conditional Use Permit Additional
Requirements A A-1 CD CO O CH I-1
Vacation Home
No Yes Yes No No No No §5.1.B
In CD, such use shall
not be located on the
ground floor of a
building fronting on
Elkhorn Avenue.
(Ord. 02-10 § 1)
(Ord. 18-01 §18; Ord. 15-03 §1; Ord 6-06 §1; Ord. 03-10 §1; Ord. 05-10 §1; Ord. 21-10 §1; Ord. 19-
11 §1