HomeMy WebLinkAboutPACKET Town Board Study Session 2021-04-27
April 27, 2021
5:15 p.m. – 6:30 p.m.
Board Room/Virtual
The Town Board of Trustees will participate in the meeting remotely due to the Declaration of
Emergency signed by Town Administrator Machalek on March 19, 2020 related to COVID-19 and
provided for with the adoption of Ordinance 04-20 on March 18, 2020.
To view or listen to the Study Session by Zoom Webinar
ONLINE (Zoom Webinar): https://zoom.us/j/91077906778 Webinar ID: 910 7790 6778
CALL-IN (Telephone Option): 877-853-5257 (toll-free) Meeting ID: 910 7790 6778
If you are joining the Zoom meeting and are experiencing technical difficulties, staff will be
available by phone for assistance 30 minutes prior to the start of the meeting at 970-577-4777.
5:15 p.m. Confirming Municipal Judge Authority Regarding Contempt of
Court. (Attorney Kramer)
5:30 p.m. Vacation Home Rental Regulations Move to Municipal Code
and Enforcement/Life Safety Survey Changes. (Town Clerk
Williamson)
6:15 p.m. Trustee & Administrator Comments & Questions.
6:25 p.m. Future Study Session Agenda Items.
(Board Discussion)
6:30 p.m. Adjourn for Town Board Meeting.
Informal discussion among Trustees concerning agenda items or other Town matters may occur before this
meeting at approximately 4:45 p.m.
AGENDA
TOWN BOARD
STUDY SESSION
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TOWN BOARD STUDY SESSION
MEETING
April 27, 2021
Confirming Municipal Judge Authority
Regarding Contempt of Court.
No packet material will be provided for
this item.
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TOWN CLERK OFFICE Report
To: Honorable Mayor Koenig
Board of Trustees
Through: Town Administrator Machalek
From: Jackie Williamson, Town Clerk
Date: April 27, 2021
RE: Vacation Home Rental Regulations Move to Municipal Code and
Enforcement/Life Safety Survey Changes.
Purpose of Study Session Item:
To provide the Town Board with an overview of the proposed amendments to the
Municipal Code and Development Code related to vacation home regulations, develop
enforcement guidelines, and review proposed updates to the life safety survey.
Town Board Direction Requested:
Staff requests direction from the Town Board on the proposed enforcement guidelines
and changes to the life safety survey in order to bring forward code amendments in
May.
Present Situation:
Vacation home regulations were moved from the Municipal Code to the Development
Code in 2010 in order to incorporated homes located in the Estes Valley. Additional
regulations were adopted in December 2016 and have been modified over the years.
With the expiration of the land use IGA between the Town and Larimer County in
February 2020, the regulation of vacation homes in the unincorporated area of the
valley was turned over to the county on April 1, 2020. This change, along with the fact
the Town Clerk’s office manages the registration and licensing of all vacation homes
within town limits, provides the Town with an opportunity to move the regulations to the
Municipal Code, clean up obsolete language, identify the Town Clerk’s office as the
office in charge of all regulations and licensing, and address other issues such as
enforcement.
Proposal:
Staff will present a high-level overview of the regulations being moved from the
Development Code to the Municipal Code, enforcement guidelines to address ongoing
issues raised by citizens and Board members, and to provide proposed changes to the
timeline for properties to complete the life safety survey prior to issuance of a
registration to operate. Input from the Town Board would be used to develop final code
amendments.
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Advantages:
• To gain input from the Board in the development of the code amendments.
• To bring forward actionable enforcement regulations for vacation home violations.
• To streamline the registration and life safety concerns prior to the operation of a
vacation home.
Disadvantages:
• The regulations would remain in the Development Code with obsolete language.
• Enforcement would remain in the Development Code.
Finance/Resource Impact:
None.
Level of Public Interest
Medium. Vacation home owners, property managers, and neighboring properties have
a strong interest in amendments to the regulations and any changes to enforcement.
Attachments:
VHR Presentation
Page 6
4/21/2021
1
Vacation Home Rental
Regulations, Enforcement, Etc.
Town Board of Trustees
April 27, 2021
Purpose of Proposed Code Amendments
To move licensing/registration
requirements to the Municipal Code
with the split from the County April 1,
2020. (Registration, Residential Cap, Local
Representative, Postings, Parking, Occupancy,
Lighting, etc.)
Remove any obsolete language adopted
with the December 2016 regulations,
and generally clean up text.
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4/21/2021
2
Purpose of Proposed Code Amendments
Continued
Retain land use regulations in the Estes
Park Development Code. (Large Vacation
Home Review, Residential Character, etc.)
Provide clear enforcement procedures.
Update renewal date to be in line with
business licensing – January 31 each year.
Items Not Addressed
The proposed Code amendments are not
addressing the residential cap or
transferability of vacation homes.
These items will come forward during a
second round of discussion and proposed
amendments in the fourth quarter of 2021.
Timeframe for transferability has been
addressed with the proposed amendments.
Move from 15 days to 30 days from
ownership change.
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4/21/2021
3
Enforcement Recommendations
Defined Increasing Fines.
Increasing Consequences.
Suspension and Revocations.
Notice/Ticket Issuance.
Increasing Fines
$250
$500
$1000
Max
($2650+)
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4
Increasing Consequences
Notice of
Violation
Suspension
(1 year)
Revocation
(2 years
and
reapply)
Suspension and Revocation
Suspension Revocation
Applies if
new
violation:
Within 2 years of
NOV
Within 2 years of
end of
suspension
Duration 1 year 2 years
Must
reapply?
No Yes
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4/21/2021
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Discretionary Synchronicity
$250
$500
$1000
Max
NOV
Suspension
Revocation
Discretionary Asynchronicity
$250
$500
$1000
Max
NOV
Suspension
Revocation
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4/21/2021
6
Discretionary Asynchronicity
$250
$500
$1000
Max
NOV
Suspension
Revocation
Potentially Ticketed Parties
Owner Manager Renter
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Effect of Transfer of Home
Notice of
Violation
Suspension Revocation
Applies
under new
ownership?
No Yes Yes
Action
recorded?
No Yes Yes
Life Safety Survey/Inspection
Current status – Ordinance 01-19:
Registrations approved prior to March
31, 2019 shall have a completed survey
and have CO issued by March 31, 2021.
Noncompliance shall result in
revocation of registration. – No
renewals were revoke in 2021.
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4/21/2021
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Life Safety Survey Timeframe
60 days to apply
180 days to complete
inspection from permit
issuance
12 months from
inspection to complete
and obtain CO.
30 days to apply
30 days to complete
inspection from permit
issuance
90 days from
inspection to complete
and obtain CO.
Applications after March 31, 2019
(Not required prior to issuance of
operating registration)
Proposed Update
(Complete prior to issuance of
operating registration)
Questions & Discussion
Page 14
May 11, 2021
• Cameron Peak and East Thompson
Zone Debrief
• Highway 34 Corridor Plan Revisit
May 25, 2021
• Revisit Fee Waiver/Subsidy Policies
June 8, 2021
• Downtown Loop Quarterly Update
• Rooftop Rodeo Financial Overview
Items Approved – Unscheduled:
• Park Planning and Pocket Parks
• Distributed Energy Discussion
• Oral History Program Discussion
Items for Town Board Consideration:
• None.
Future Town Board Study Session Agenda Items
April 27, 2021
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