The URL can be used to link to this page

Home My WebLink AboutPACKET Town Board Study Session 2007-05-234 .. TOWN BOARD STUDY SESSION Wednesday, May 23,2007 1:30 p.m. - 5:00 p.m. Museum Conference Room 200 Fourth Street AGENDA 1. Bed & Breakfast & Vacation Rentals 2. Local Marketing District - Update 3. Fire Dept. Services Outside Town Limits 4. Bond Park Usage Transmission Report Date/Time 05-15-2007 10:39:09 a.m. Transmit Header Text Town of Estes Park Engineering Local ID 1 9705866909 Local Name 1 970-586-6909 Local ID 2 Local Name 2 This document : Confirmed (reduced sample and details below) Document size : 8.5"xl 1" 4 VIEslN>' TOWN BOARD STUDY SESSION Wednesday, May 23,2007 1:30 p.m. - 5:00 p.m. Museum Conference Room 200 Fourth Street AGENDA 1. Bed & Breakfast & Vacation Rentals 2. Local Marketing District - Update 3. Fire Dept. Services Outside Town Limits 4. Bond Park Usage Total Pages Scanned : 1 Total Pages Confirmed 1 No. Job Remote Station Start Time Duration Pages Line Mode Job Type Results 001 062 586 9561 10.38:23 a.m. 05-15-2007 00 0023 1 /1 1 EC HS CP14400 Abbreviations: HS Host send PL Polled local MP: Mailbox print TU: Terminated by user HR Host receive PR Polled remote CP Completed TS: Terminated by system G3Â· Group 3 WS Waiting send MS Mailboxsave FAÂ·. Fail RP: Report EC: Error Correct ' :Re lie... 1 'fi 12;: Transmission Report Date/Time 05-15-2007 10:37:47am Transmit Header Text Town of Estes Park Engineering Local ID 1 9705866909 Local Name 1 970-586-6909 Local ID 2 Local Name 2 This document : Confirmed (reduced sample and details below) Document size : 8.5"xl 1" e NEEIN>' TOWN BOARD STUDY SESSION Wednesday, May 23,2007 1:30 p.m. - 5:00 p.m. Museum Conference Room 200 Fourth Street AGENDA 1. Bed & Breakfast & Vacation Rentals 2. Local Marketing District - Update 3. Fire Dept. Services Outside Town Limits 4. Bond Park Usage Total Pages Scanned : 1 Total Pages Confirmed 1 No. Job Remote Station Start Time Duration Pages Line Mode Job Type Results 001 060 9706672527 10.36.58 a.m. 05-15-2007 00Â·00:23 1 /1 1 EC HS CP14400 Abbreviations HS: Host send PL Polled local M PÂ· Mailbox print TU: Terminated by user HR Host receive PR Polled remote CP: Completed TS: Terminated by system G3 Group 3 WS: Waiting send MS Mailbox save FA: Fail RP: Report EC Error Correct .. * .*; 'PLL Ir/601*83/ Transmission Report Date/Time 05-15-2007 10.49:12 a.m. Transmit Header Text Town of Estes Park Engineering Local ID 1 9705866909 Local Name 1 970-586-6909 Local ID 2 Local Name 2 This document : Confirmed (reduced sample and details below) Document size : 8.5"xl 1" 4 I) TOWN BOARD STUDY SESSION Wednesday, May 23,2007 1:30 p.m. - 5:00 p.m. Museum Conference Room 200 Fourth Street AGENDA 1. Bed & Breakfast & Vacation Rentals 2. Local Marketing District - Update 3. Fire Dept. Services Outside Town Limits 4. Bond Park Usage Total Pages Scanned 1 Total Pages Confirmed 1 No Job Remote Station Start Time Duration Pages Line Mode Job Type Results 001 072 970 577 1590 10:48.19 a.m. 05-15-2007 00:00.22 1/1 1 EC HS CP14400 Abbreviations HS Host send PL Polled local MP Mailbox print TU Terminated by user HR Host receive PR: Polled remote CP: Completed TS: Terminated by system G3: Group 3 WS Waiting send MS Mailbox save FA Fail RP Report EC: Error Correct 1,81 h.- yel T+;P 6 - 944.2" 852,?i:~1:42â‚¬M Transmission Report Date/Time 05-15-2007 10.47 46 a.m. Transmit Header Text Town of Estes Park Engineering Local ID 1 9705866909 Local Name 1 970-586-6909 Local ID 2 Local Name 2 This document : Confirmed (reduced sample and details below) Document size : 8.5"xl 1" NAQIKIN>, TOWN BOARD STUDY SESSION Wednesday, May 23,2007 1:30 p.m. - 5:00 p.m. Museum Conference Room 200 Fourth Street AGENDA 1. Bed & Breakfast & Vacation Rentals 2. Local Marketing District - Update 3. Fire Dept. Services Outside Town Limits 4. Bond Park Usage Total Pages Scanned : 1 Total Pages Confirmed 1 No Job Remote Station Start Time Duration Pages Line Mode Job Type Results 001 070 6353677 10:47:01 a.m. 05-15-2007 00:00:22 1/1 1 EC HS CP14400 Abbreviations HS Host send PL Polled local MP. Mailbox print TU Terminated by user HR: Host receive PR Polled remote CP Completed TS: Terminated by system G3 Group 3 WS Waiting send MS. Mailbox save FA: Fail RP: Report EC: Error Correct Transmission Report Date/Time 05-15-2007 10:44:59 a.m. Transmit Header Text Town of Estes Park Engineering Local ID 1 9705866909 Local Name 1 970-586-6909 Local ID 2 Local Name 2 This document : Confirmed (reduced sample and details below) Document size : 8.5"xl 1" â„¢EmbÂ»/ TOWN BOARD STUDY SESSION Wednesday, May 23,2007 1:30 p.m. - 5:00 p.m. Museum Conference Room 200 Fourth Street AGENDA 1. Bed & Breakfast & Vacation Rentals 2. Local Marketing District- Update 3. Fire Dept. Services Outside Town Limits 4. Bond Park Usage Total Pages Scanned 1 Total Pages Confirmed 1 No. Job Remote Station Start Time Duration Pages Line Mode Job Type Results 001 066 15866336 10 44 14 a m. 05-15-2007 00Â·00.23 1/1 1 EC HS CP14400 AbbreviationsÂ· HS Host send PL: Polled local MP Mailbox print TU Terminated by user HR Host receive PR Polled remote CP: Completed TS Terminated by system G3: Group 3 WS Waiting send MS Mailbox save FAÂ· Fail RP Report EC: Error Correct '65.4 3* e 1' 'l 10.- 0494 ~03Â¢23 Transmission Report Date/Time 05-15-2007 10 43.51 a.m. Transmit Header Text Town of Estes Park Engineering Local ID 1 9705866909 Local Name 1 970-586-6909 Local ID 2 Local Name 2 This document : Confirmed (reduced sample and details below) Document size : 8.5"xl 1" =Eme. TOWN BOARD STUDY SESSION Wednesday, May 23,2007 1:30 p.m. - 5:00 p.m. Museum Conference Room 200 Fourth Street AGENDA 1. Bed & Breakfast & Vacation Rentals 2. Local Marketing District - Update 3. Fire Dept. Services Outside Town Limits 4. Bond Park Usage Total Pages Scanned 1 Total Pages Confirmed 1 No. Job Remote Station Start Time Duration Pages Line Mode Job Type Results 001 064 9705869532 10 42:57 a.m. 05-15-2007 00 00:32 1 /1 1 EC HS CP14400 Abbreviations HS- Host send PL Polled local MP Mailbox print TU Terminated by user HR: Host receive PR Polled remote CP: Completed TS Terminated by system G3 Group 3 WS Waiting send MS Mailbox save FA: Fail RP Report EC Error Correct >4* 3*1 tit' 4 k . ..124 ~A . - -Â·Mn.3 9,4- &,324-46:~ Transmission Report Date/Time 05-15-2007 10:46:19 a.m. Transmit Header Text Town of Estes Park Engineering Local ID 1 9705866909 Local Name 1 970-586-6909 Local ID 2 Local Name 2 This document : Confirmed (reduced sample and details below) Document size : 8.5"xl 1" - 49 7.Vnryff. TOWN BOARD STUDY SESSION Wednesday, May 23,2007 1:30 p.m. - 5:00 p.m. Museum Conference Room 200 Fourth Street AGENDA 1. Bed & Breakfast & Vacation Rentals 2. Local Marketing District - Update 3. Fire Dept. Services Outside Town Limits 4. Bond Park Usage Total Pages Scanned : 1 Total Pages Confirmed 1 No Job Remote Station Start Time Duration Pages Line Mode Job Type Results 001 068 970 586 1691 10:45:27 a.m. 05-15-2007 00.00.27 1 /1 1 EC HS CP9600 Abbreviations- HS Host send PL: Polled local MP Mailbox print TU. Terminated by user HR: Host receive PR Polled remote CP: Completed TS Terminated by system G3 Group 3 WS Waiting send MS: Mailbox save FA Fail RP: Report EC: Error Correct ' 9,1 0.1 yel I Yi; h i Â£ 4014.,,U 9 2.0'ist.163 *e~eemnAL- Zoning Districts Additional "P" = Permitted by Right Regulations (Abply in All Use Classification Specific Use "S" = Permitted by Special Review Districts Unless "-" = Prohibited Otherwise RE-1 RE E-1 E R R-1 R-2 RM Stated) All Other Government PpppPPPp Â§3.13, Location & Extent Review Facilities Hospital -------S Park and Recreation PpppPPPp Â§3.13, Location Facilities & Extent Review Park and Ride -----PPP Facilities Religious Assembly - - - - - - - S Â§5.1.0 Schools PpppPPPp Â§3.13, Location & Extent Review Continuing Care Retirement - - - - S S S S Â§5.1.I Facility Senior Institutional Congregate Living - - - - S S S S Â§5.1.I Housing Skilled Nursing _ _ _ _ _ - - S Â§5.1.I Facility Transportation Facility Without - - - - - p p p Â§3.13, Location & Extent Review Repairs ACCOMMODATION USES . t. M .. Low-Intensity Bed and ------SPÂ§5.1.B Accommodations Breakfast Inn COMMERCIAL/RETAIL= USES , ~ . - Attached & concealed Wireless PpppPPPp Â§5.1.T (stealth) Telecommunication antennas Facilities Antenna towers ' Pls Pls Pls Pls - - Pls P/S Â§5.1.T microcells RECREATION USES - - d .... -I â€ž ..... 4 - Golf Course P S S S - - - - Â§5.1.C ACCESSORY USES: SEE Â§5.2, "ACCESSORY USES AND ACCESSORY STRUCTURES." TEMPORARY USES: SEE Â§5.3, "TEMPORARY USES AND STRUCTURES." C. Density/Dimensional Standards. 33 , ,,K Ce,/\11Â£0721Cwl A-- til SrralcT-5 44 4-1 Cp CD O CA 1-1 Â§5.1.B. In CD, such use Bed and shall not be located on the - Pppp--- breakfast inns, ground floor of a building fronting on Elkhorn Avenue In CD, such use shall not be located on the ground floor Hotel, Small - P P - - of a building fronting on Elkhorn Avenue Â·Short-term and long-term Low-Intensity nightly rentals allowed as a Accommodations principal use in a residential dwelling unit Nightly Rentals - ~ ~ - - - - Â·See also Table 5-2 which allows nightly rentald as an accessory use to a dwelling unit in the A-1 and CD zoning districts Resort lodge/cabins,-P---- - Â§5.1.P low-intensity In CD, such use shall not be Hostel P-P---- located on the ground floor of a building fronting on Elkhorn Avenue Â§5.1.J In CD, such use shall not be High-Intensity Hotel/Motel P - P - - - -- located on the ground floor Accommodations of a building fronting on Elkhorn Avenue Recreational vehicle park/ .S - - - - - - Â§7.15 campground Resort P----- - Â§5.1.P lodge/cabins COMMERCIAURETAIL USES Adult Businesses - - - - - - S Â§5.1.A Animal Animal - - - - -tip p Sales/Services Boarding Animal --P-- Grooming Animal -- - p--P Hospital Animal Retail - - p-- - Sales Animal ---P-P P Â§5.1.L Shows/Sales Veterinary --- P--- Office Artist Studio P P PpppP e. CHAPTER 5. USE REGULATIONS Â§ 5.1 SPECIFIC USE STANDARDS This Section contains regulations that apply to specific uses or classes of uses. A. Adult Business. All adult business uses shall be subject to special review and shall also comply with the following standards: 1. No adult business use shall be located within five hundred (500) feet of any residentially zoned or used property. 2. No adult business use shall be permitted within five hundred (500) feet of any school, place for religious assembly, public park, playground, other adult business use or liquor store. 3. Adult business use buildings, entries, windows and other openings shall be located, covered or screened to prevent a view into the interior from any public area, including sidewalks, bike/pedestrian paths and streets. ~> B. Bed and Breakfast Inn. All bed and breakfast inn uses shall be subject to the following standards: 1. Structures shall not be altered in a way that changes their general residential appearance. 2. If four (4) or more off-street parking spaces are provided pursuant to Â§7.11, visual screening from adjacent residential uses shall be required. 3. Other than registered guests, no meals shall be served to the general public. No cooking or kitchen facilities shall be allowed in the guest rooms. C. Commercial Recreation or Entertainment Establishments. 1. All commercial recreation or entertainment establishments shall be subject to the following standards: a. The use of firearms shall not be permitted as a part of user activities. b. A traffic impact study shall be submitted that assesses the impacts of the proposed use on existing roads, intersections and circulation patterns, and that demonstrates compliance with the traffic facility standard set forth in Â§7.12 of this Code, and/or sets forth mitigation measures to eliminate or substantially reduce such impacts. 2. In addition to the standards set forth in paragraph C.1 above, riding academies, livery stables and roping or equestrian areas shall be subject to the following standards: a. The minimum lot or parcel size for such uses shall be five (5) acres. b. The Applicant shall submit a plan for the management of odor, dust and waste as part of the application for special review or development plan approval. D. Construction Storage Yards, Salvage Yards, Industrial Services (Repair or Storage). The following standards shall apply to all salvage yards and heavy equipment and industrial storage yards that abut an arterial street, a residential use or a residential zone district boundary, unless the subject use and related activities are entirely enclosed within a building: . 4 Â·:pÂ»*<v de %40 6. Hospital 1 per 2 beds + 1 per employee 3 Maintenance & See Â§7.11.E below Service Facilities Religious Assembly 1 per 50 square feet of 3 seating/assembly area Park and See Â§7.11.E below Recreation Facilities Elementary & Junior 2 per classroom or 1 per 3 seats 1 High/Middle in auditorium or principal place of assembly, whichever is greater Schools Senior High 10 per classroom or 1 per 3 seats 1 in auditorium or principal place of assembly, whichever is greater Continuing Care 1 per 4 beds + 1 pe& 3 1 Retirement Facility employees Senior Institutiolial Congregate Housing 1 per 4 beds + 1 per 3 1 Living employees Skilled Nursing Facility 1 per 4 beds + 1 per 3 1 employees Transportation See Â§7.11.E below Facility Without Repairs ACCOMMODATION USES Bed and breakfast inns 1 per guest room + 2 spaces for n/a permanent residence Low-Intensity Hotel, Small 1 per guest room + 1 space per 3 n/a Accommodations employees Resort lodge/cabins, low- 2 per cabin or gllest room + 1 n/a intensity space per 3 employees Hostal 1 per 3 beds + 1 space per 3 1 employees Hotel/Motel 1 per guest room # 750 sq. ft. or 1 2 per guest room >750 sq. ft; + 1 space per 3 employees, High-Intensity + 75% of parking required for Accommodations other associated or accessory uses (restaurants, offices, meeting spaces, etc.) Resort lodge/cabins 2 per cabin or guest room +1 1 , space per 3 employees COMMERCIAURETAIL USES 6 (2) Hote//Mote/: An establishment that provides temporary lodging to the general public in guest rooms and typically providing additional services, such as restaurants, meeting rooms, entertainment and recreational facilities. (31 Recreational Vehicle (RV) Park/Campground: A tract of land under single ownership upon which two (2) or more recreational vehicle and/or campsites are located, established or maintained for public occupancy in recreational vehicles or camping units as temporary living quarters for travel, recreation or vacation purposes. (4) Resort Lodge/Cabins: A tract of land under single ownership and management with guest rooms or guest units available for temporary rental. The guest rooms may be contained in a main "lodge" building and/or contained in detached, freestanding "cabin" structures (the latter freestanding structures shall not include recreational vehicles or mobile homes). Guest rooms/units in a resort lodge/cabin use may contain full kitchen facilities in lieu of "limited kitchen facilities" if such guest rooms comply with all conditions set forth in Â§5.1.P of this Code. 2. Accommodations, Low-Intensity. a. General Definition: Visitor-serving facilities that provide temporary lodging for compensation, and with an average length of stay of less than thirty (30) days (except for permitted long-term nightly rentals--see 2.b(3) below). Such facility shall be designed to be compatible, in terms of building scale, mass and character, with a predominantly low-intensity and low-scale residential and/or rural setting. b. Examples: This classification includes the following types of specific uses: (1) Bed and Breakfast Inn: An establishment operated in an owner-occupied, single-family detached dwelling unit, or portion thereof (excluding accessory buildings), that provides lodging, with or without the service of a morning meal only, and where the operator lives on the premises. No more than eight (8) guests may be accommodated at any one (1) time. Accessory buildings shall not be used for guest quarters or amenities beyond a gazebo or similar outdoor room. (Ord. 2-02 #10; Ord. 11-02 Â§1) (2) Hotel, Small: An establishment containing no more than eight (8) guest rooms that provides temporary lodging with eating and drinking service and a dining room where meals are served. (3) Nightly Rentals: In the A-1 or CD zoning districts, a single-family, duplex or multi-family dwelling unit that is leased for compensation, to provide temporary lodging for visitors and guests. The term of lease in this permitted principal nightly rental use may be either short-term (less than thirty [30] days) or long-term (thirty [30] days or more). See Â§5.2.B for nightly rentals allowed as an accessorv use in the residential zoning districts. (4) Resort Lodges/Cabins, Low-Intensity: A tract of land under single ownership and management with no more than a total of twenty (20) guest rooms or guest units available for temporary rental. The guest rooms may be contained in a main "lodge" building and/or contained in detached, freestanding "cabin" structures (the latter freestanding structures shall not include recreational vehicles or mobile homes). A single structure shall contain no more than four (4) guest rooms or units. Guest rooms/units in a 1 4 excluding trucking accessory to a limited industry or general industry classification. (3) Mini-warehouses, which are classified as "Self-Service Mini-Storage" uses. (4) Vehicle storage, which is classified as "Vehicle Storage." (5) Firms that engage primarily in sales to the general public or on a membership basis, which are classified as Retail Sales and Service. (6) Firms that are primarily storing goods with little on-site business activity, which are classified as "Warehousing and Storage." (7) Wholesale sales of building materials, which are classified as "Building Materials/Services." (Ord. 10-00 Â§4, 7/25/00; Ord. 12-00 Â§1, 9/12/00; Ord. 2-02 #10,2/12/02; Ord. 11-02 Â§1, 8/13/02; Ord. 6-06 Â§1, 9/26/06) Â§ 13.3 DEFINITIONS OF WORDS, TERMS AND PHRASES The following words, terms and phrases, when used in this Code, shall have the meanings ascribed to them in this Section: 1. Abutting or Adjoining shall mean to physically touch or border upon; or to share a common property line or border. 2. Accessory Building shall mean a building detached from a principal building and customarily used with, and clearly incidental and subordinate to, tlie principal building or use, and ordinarily located on the same lot with such principal building. 3. Accessory Dwelling Unit shall mean a second dwelling unit integrated with a single- family detached dwelling that is located on the same lot as the single-family detached dwelling. "Accessory Dwelling Unit" does not include mobile homes, recreational vehicles or travel trailers. 4. Accessory Structure shall mean a structure detached from a principal building and customarily used with, and clearly incidental and subordinate to, the principal building or use, and ordinarily located on the same lot with such principal building. 5. Accessory Use shall mean a use of land or a building that is customarily and clearly incidental and subordinate to the principal use of the land or building and that is ordinarily located on the same site or lot as such principal use. 5. Accommodations Use shall mean a commercial, visitor-serving facility that provides temporary lodging in guest rooms or guest units, for compensation, and with an average length of visitor stay of less than thirty (30) days. Examples of accommodations uses include motels, hotels, bed and breakfast inns, resort lodges _ ~ and hostels. A principal "nightly rental" use of a dwelling unit in the A-1 or CD zoning districts, as more specifically described in Â§13.2.C.2 of this Chapter, is an accommodations use. On the other hand, an accessory short-term "nightly rental" use of a dwelling unit in a residential zoning district, as allowed by Â§5.2.B.2.g of this Code, is not an accommodations use. See also the definition of "guest room or unit" below. 7. Acre shall mean a gross measure of land area equivalent to forty-three thousand five hundred sixty (43,560) square feet. RECORD OF PROCEEDINGS Community Development - April 5,2007 - Page 3 217-5304-453-25-02 as budgeted. Reports. Reports provided for informational purposes and made a part of the proceedings. â€¢ Museum Monthly â€¢ Senior Center Monthly COMMUNITY DEVELOPMENT. Proposed Vacation Home Municipal Code Revisions - Discussion. Dir. Joseph provided a brief history of the licensing of vacation homes in Estes Park. Recent discussion with neighbors and business owners has called for more restrictive use of a vacation home in a residential neighborhood and better enforcement. The revisions allow vacation homes to operate in all residential zoning districts as a principal full-time use with the following proposed regulations: (1) Prohibit any related or unrelated services or home occupation businesses; (2) Overnight occupancy of a vacation home shall not exceed eight people nor be rented to multiple parties (separate rental agreement); (3) No onsite customer services while the residence is occupied or rented as a vacation home; (4) No commercial activities other than accommodations shall be allowed; (5) No home occupation businesses would be permitted at any time on properties licensed as a vacation home, or non-concurrent home occupation businesses would be allowed when the vacation home is not in use; (6) B&B provision would allow an owner occupied vacation home to rent to multiple parties and provide daily cleaning, laundry and food services. Discussion was heard and is summarized as follows: the occupancy of eight should never exceed eight including the occupancy of the homeowners (example: 2 homeowners plus 6 guests); leasing of a property to run a B&B would not be permitted; kitchen facilities shall be consistent with single-family residential use (no efficiency kitchens permitted); difficulty in regulating/enforcing a non-concurrent home occupation license; impact of vacation homes on residential neighborhoods; requiring the posting of regulations at each vacation rental; setting a minimum night requirement. Jim Barrie/A Celtic Lady's Mountain Retreat expressed concern that the proposed revisions do not address the impact of a vacation home on the residential neighborhoods. He stated the current language that allows an onsite manager to be present during the rental to multiple parties aids in maintaining compliance with the Town's regulations. Requiring a property owner to live onsite full time would create a larger impact on the neighborhood with an increase in traffic and noise. The new regulations would decrease the number of vacation rentals and B&Bs in Estes Park. Mr. Barrie requested the Town consider adopting a set time when the new regulations would be enforced as businesses are accepting reservations for future dates. Administrator Repola stated the regulations are an effort to protect the residential character of the neighborhood. He informed the Committee no new B&Bs will be permitted unless the property is within the RM or R-2 (special review) zoning districts as required by the Estes Valley Development Code; however, current businesses will be permitted to continue their operations. Tom Ewing/1082 Fall River Court strongly suggested the Town develop a clear definition of a vacation home with language that is easily interrupted and enforced, the proposed business should be investigated prior to issuance of a business license to ensure that it conforms to the regulations of the Town and private covenants, business owners should be made aware of the Town's regulations, and favors a vacation rental over a B&B operation with a minimum stay of 3 nights in a residential neighborhood. Marge Gooldy/1071 Fall River Court would encourage the Committee to adopt language that would not permit any other commercial activity at a vacation home. RECORD OF PROCEEDINGS Community Development - April 5,2007 - Page 4 Dir. Joseph stated a growing trend is the purchasing of horÂ¥les in Estes Park by hotel operators for overflow capacity. These stays could be nightly, with a larger impact on the neighborhoods. The Committee discussed options to address the issue such as a minimum stay requirement. The Committee requests staff prepare the revision for presentation at the April 24"1 Town Board meeting including the language that would prohibit a home occupation business concurrently with a vacation home and eliminating the optional B&B provision. Reports. Reports provided for informational purposes and made a part of the proceedings. â€¢ Activity and Budget Summaries â€¢ Building Permit Summaries CONFERENCE CENTER TOUR. All wishing to tour the newly renovated Conference Center will meet on-site directly after the meeting. There being no further business, Chairman Pinkham adjourned the meeting at 10:33 a.m. Jackie Williamson, 'Town Clerk .. RECORD OF PROCEEDINGS Town of Estes Park, Larimer County, Colorado, March 28,2007 Minutes of a Regular meeting of the TOWN BOARD STUDY SESSION of the Town of Estes Park, Larimer County, Colorado. Meeting held at Museum Meeting Room in said Town of Estes Park on the 28th day of March, 2007. Committee: Mayor Baudek, Trustees Blackhurst, Eisenlauer, Homeier, Levine, Newsom and Pinkham Attending: All Also Attending: Town Attorney White, Administrator Repola, Director Pickering, Director Joseph, Clerk Williamson Absent None Mayor Baudek called the meeting to order at 12:00 p.m. CML UPDATE Sam Mamet/CML Executive Director reviewed current issues including CML seminars/conferences, lodging tax of other Colorado Municipalities, funding of transportation, Amendment 41, and eminent domain for Urban Renewal Authorities. MARKETING DISTRICT Senator Steve Johnson and Representative Don Marostica carried the Local Marketing District (LMD) Amendment, Senate Bill 111, through the State Senate and House respectively. The Town is awaiting Governor Ritter's signature and a signing ceremony has been requested by Senator Johnson. In the event the bill is signed, staff has prepared the following draft schedule for implementing a marketing district: â€¢ Review of the formation/organization of LMD (May) â€¢ Conduct a phone survey (May/June) â€¢ Town/County to assess the formation/organization of the LMD (May/June) â€¢ Draft a proposed contract (IGA) between the Town and County (June) â€¢ Obtain signed petition of 51% (valuation) of commercial property owners - (July/Dec) â€¢ Form a political action committee (Jan/Feb 2008) â€¢ Joint public hearing (March 2008) â€¢ Second joint public hearing (May 2008) â€¢ Adopt contract and order election (June 2008) â€¢ Committee to campaign for LMD (July/Nov 2008) â€¢ Election (Nov 2008) â€¢ Lodging tax begins (Jan 2009) â€¢ New marketing committee begins work (July 2009) â€¢ LMD funds begin (Jan 2010) The Trustees requested staff provide additional information on the survey including questions to be asked and length of the survey. The marketing district would be a separate governmental entity with a Board that would collect sales tax on the furnishing of lodging accommodations. This Board could be appointed by the Town Board. Staff will review the Vail marketing district to determine how it was formed and has developed over time. VACATION HOMES Administrator Repola reviewed the recent complaints received for one specific vacation home rental, A Celtic Lady's Mountain Retreat, and the need to address issues related RECORD OF PROCEEDINGS Town Board Study Session - March 28,2007 - Page 2 to vacation rentals in residential neighborhoods. The Municipal Code and the Development Code contain inconsistencies on vacation rentals, specifically Bed and Breakfast. The Municipal code permits vacation rentals including B&B's in all residential zoning districts, whereas, the Development Code only allows them in RM and R-2 zoning districts. Seven strategies were discussed including the pros and cons: 1) do nothing; 2) require that a vacation homes not provide any other business service; 3) limit vacation home rentals to one party; 4) limit groups to no more than eight persons, 5) set minimum for length of stay; 6) strict interpretation and enforcement; 7) prohibit vacation homes in all residential zoning districts. Attorney White provided a historical background on the vacation rental industry in Estes Park that began prior to the incorporation of the town. Business licensing and regulation of the industry began in the late 80's to address concerns raised by residents. The issue has been regulated through the Municipal Code rather than the Development Code due to grand-fathering requirements. He stated the recent concerns raised should be addressed with clear definitions within the Municipal Code. Discussion followed and is summarized: B&B's should be considered if resident owner operated, no other commercial or home occupations should be conducted at a vacation rental, only one rental agreement should be allowed, clear definition of party, add language to business license application that informs each applicant that compliance with local covenants is required, how would minimum stay requirements affect local businesses, violation notices should be sent to properties advertising accommodations for more than 8, enforcement needs to be increased. The following definition was recommended: A vacation home rental property in a residential zoning district (RE-1, RE, E-1, E, R, R- 1, R-2 and R-M) is solely for the purpose of overnight accommodations for periods of less than 30 days with one rental agreement. No other commercial uses and/or home occupations are permitted. There shall be no on-sight management or employee. Staff is proposing code enforcement be moved to the Police Department to provide 24/7 enforcement which would require hiring an additional police employee. This issue will be discussed at the April Public Safety Committee meeting. Staff will present modifications to the current language in the Municipal Code at the Community Development meeting on April 5~h* FIRE DISTRICT Administrator Repola reported staff has a meeting to discuss changes to the current IGA with the County on Tuesday, April 3,2007. The Town will propose the termination of the Automatic Response Agreement; however, if the County is unable to provide fire protection to the residents currently served by the Estes Park Fire Department, the Town is willing to provide specific services contingent on an equitable arrangement to offset the Town's costs. Staff will report the outcome of this meeting at the April Public Safety meeting. There being no further business, Mayor Baudek adjourned the meeting at 3:50 p.m. Jackie Williamson, Town Clerk