HomeMy WebLinkAboutPACKET Town Board Study Session 2008-11-11file STUDY SESSION TOWN BOARD Tuesday, November 11, 2008 4:30 p.m. to 6:30 p.m. Room 130 170 MacGregor Ave. AGENDA 1. Accessory Dwelling Units. Dir. Joseph 2. Short-Term Rentals. Dir. Joseph
Cynthia Deats From: EP Administration [ir3045@estes.org] Sent: Wednesday, November 05,2008 4:46 PM To: Cynthia Deats Subject: Job Done Notice(Send) ***************************** *** Job Done Notice(Send) *** ***************************** JOB NO. 0820 ST. TIME 11/05 16:39 PGS. 1 SEND DOCUMENT NAME TX/RX INCOMPLETE ----- TRANSACTION OK 6672527 Greg White 5869561 KEPL 5869532 Trail Gazette 5861691 Channel 8 6353677 Reporter Herald 2247899 Coloradoan 5771590 EP News ERROR ----- 1
Community Development Department Memo To: Honorable Mayor Pinkham Board of Trustees Town Administrator Halburnt From: David Shirk, Planner Date: November 11, 2008 Subject: Accessory Dwelling Units Background. In June 2006, the Estes Valley Board of Adjustment reviewed an appeal to staff decision regarding an accessory dwelling unit, as identified by Staff. The applicant stated the design was not an ADU, but only a "wet bar." Staff disagreed because the design resulted in living space that could stand-alone as a separate household (cooking, bathing, sleeping facilities). The Board of Adjustment agreed with Staffs assessment, and directed Staff to correct the "grey area" in the code of when living space constitutes a second dwelling. Research. To research this issue, Staff has: (1) Attended a Colorado APA sponsored training session; (2) Sponsored a session at the Mountain Resort Town Planners Conference; (3) Sent a request to the Colorado APA email "list serve" (received 27 responses from around the state); (4) Discussed with the building department, utility providers, Larimer County Health Department, and State Division of Water Resources; (5) Internet research (AARP, various municipalities); (6) Held several "focus group" discussions with local builders, designers, realtors, and Homeowners Associations; and, (7) Scheduled meetings with the Estes Park Housing Authority (September 10), Sunrise Rotary and League of Women's Voters (scheduled for November). Common Features of an ADU ordinance. This research has shown "common threads" in ADU ordinances, with the following being common elements: (1) Owner occupancy required in one unit.
(2) Long-term rentals usually allowed in one of the units, but not both. (3) Most allow ADU's as attached or detached. (4) Normal setbacks apply. (5) Only one ADU per lot. (6) Parking requirement. (7) Maximum size limit. (8) Orientation of entrance. (9) Design standards. In addition, ADU's help provide several benefits and serve many purposes: • Household sizes are getting smaller (average size in Estes Park is 2.2 persons, below the national average of 2.9). ADUs can help fill this niche in the housing market. • ADUs are a good way to provide seasonal employee housing dispersed throughout the community. • Provide housing nearer to employment (reduce number of employees driving up from "the valley"). • Help reduce regulatory barriers that limit affordable housing opportunities. • Assist older homeowners in maintaining their independence by providing additional income to offset property taxes and the costs of home maintenance and repair. • Allow for "mother-in-law" suites (or, conversely, allow younger generation to move in with older generation). • Allow on-site property caretaker for second-home owners. • Provide guest quarters. • Implement the following policies set forth in the Comprehensive Plan: Growth Management Policies: 3.1 Encourage infill of older core areas in order to reduce infrastructure costs and to stabilize residential neighborhoods. Housing: 5.1 Encourage a variety of housing types and price ranges. 5.2 Encourage housing for permanent residents bf all sectors of the community that is integrated into and dispersed throughout existing neighborhoods. 5.6Encourage housing infill within the existing urban area. 5.7Identify affordable housing opportunities on an ongoing basis. 5.8Regularly evaluate regulations and eliminate unnecessary requirements. • Page 2
Economics: 7.1Maintain a unique blend of businesses, residents and visitors, without negatively affecting the natural beauty of the Estes Valley. 7.9Build on the strength of the retirement comrhunity. Current Regulations. • Regulated by the Estes Valley Development Code since 2000. • Allowed in Single-family zone districts, provided the lot exceeds the required minimum lot size by 1/3. For example, in the "E-1" one-acre district a lot must be 1.33 acres. • Must be "integrated within" the main dwelling. • Cannot be rented. • Cannot exceed 800 square feet. • No architectural standards. • Neighborhood covenants may prohibit. Proposed Regulations. • Allow in single-family zone districts. • Could be detached in zone districts "E-1", "RE", and "RE-1." • Could be rented separately, but not for less than 90 days. • Maximum size would be 49% of main dwelling, up to 1,000 square feet. • Architectural and site design standards would apply. • Deed restriction required. • Neighborhood covenants may prohibit. Process. • Meet with focus groups in August and September. • First public hearing before Planning Commission September 16 at 1:30 PM in the Board Room. • After Planning Commission hearing(s), would then go to the Town Board and Board of County Commission. • Page 3
Town of Estes Park Community Development Department Memo To: Honorable Mayor Pinkham Board of Trustees Town Administrator Halburnt From: Bob Joseph, Director Date: 11-5-08 Subject: Short term rentals / Vacation Home regulations Attached with this memo are relevant minutes from two prior study sessions on this subject that were held in 2007. Based on this direction given to staff last year a draft code revision was produced and is provided along with this memo as a third attachment. These draft code revisions have not yet been enacted. Staff requests review of these documents and discussion as to the direction the current board wishes to take regarding these issues.
RECORD OF PROCEEDINGS Town of Estes Park, Larimer County, Colorado, April 5,2007 Minutes of a Regular meeting of the COMMUNITY DEVELOPMENT COMMITTEE of the Town of Estes Park, Larimer County, Colorado. Meeting held in Town Hall in said Town of Estes Park on the 5th day of April 2007. Committee: Chairman Pinkham Trustees Eisenlauer and Levine Attending: All Also Attending: Administrator Repola, Directors Pickering, Kilsdonk, Mitchell, and Joseph, Manager Winslow, Laurie Button and Clerk Williamson Absent: None Chairman Pinkham called the meeting to order at 8:00 a.m. PUBLIC COMMENT. Ken Dahlgren/575 Chaplin Lane stated a letter was sent addressed to the Community Development Department regarding an ongoing cat issue in their neighborhood. Administrator Repola commented this issue is being addressed by the Police Department to determine the scope of the problem and will be discussed at the Public Safety Committee in May. CONVENTION & VISITORS BUREAU. 2007 Parade Permits - Request Approval. Laurie Button presented the following contracts: 1. Rooftop Rodeo Parade-July 10, 2007 2. Scottish Festival Parade - September 8,2007 3. Catch the Glow Christmas Parade - November 23,2007 The Committee recommends approval of the 2007 Parade Permits as outlined above. Rodeo Naming Rights Sponsorship - Update. At the March Committee meetilig, the naming rights for the Rooftop Rodeo was presented and recommended to the Town Board for approval. The naming rights proposal has been retracted by the Rodeo Committee. No naming rights will be proposed this year; however, the Committee may consider it in the future. Reports. • Bond Park Booking Policy - Dir. Pickering reviewed the policy that states specifically no new activities/events will be given use of the park on holiday weekends or the summer tourist season without approval from the Community Development Committee and Town Board. There are approximately eight events that use the park from Memorial Day through Labor Day. Currently the sponsor of an event is required to have a business license which all vendors operate under. It is the responsibility of the sponsoring entity to provide the Town with a list of vendors and to make sure that sales tax is being collected and reported. Staff performs random checks during a special event to confirm sales tax is being collected by the vendors. Staff would propose moving current events that primarily sale goods to the newly renovated Stanley Fairground facilities once completed in 2 to 3 years. The Committee suggested additional entertainment including evening events be provided in the park to encourage visitors to stay
RECORD OF PROCEEDINGS Community Development - April 5,2007 - Page 2 downtown during large events at the fairgrounds. Discussion followed on the potential to provide shuttle buses from the fairground to downtown during the summer months as events move from Bond Park. Comments were heard from Paul Fishman/14'ers CaM regarding the need to display food service licenses during special events, require special event vendors to purchase a business license and the need to attract visitors downtown during special events. Jim Barrie/A Celtic Lady's Mountain Retreat stated a nominal fee would not preclude a vendor from participating in a special event; however, he suggested the responsibility for registering and fee collection be placed on the event organizer not the Town. The Committee requested staff research the appropriate fees and administrative options for a vendor license, research the timing for these events to move to the Stanley Fairgrounds, and discuss with the Rodeo Committee and the Scottish Festival options for entertainment in Bond Park during their events. • Non-Traditional Advertising - Mgr. Marsh reported the Estes Park Marketing Committee plans to spend over 18% of its media budget with online programs such as Denver Newspaper Agency Webs, Channels 4 and 9 websites, Google, Town website, e-Newsletter, and CO.com. Comm. Coor. Blackhurst reviewed the new e-Newsletter available on the CVB website. On March 28th 21,095 individuals were provided the opportunity to subscribe to the newsletter and after four days 12.8% (2,701) had confirmed interest in receiving the newsletter. The first newsletter was e-mailed on Tuesday, April 3rd with an additional 74 individuals requesting the newsletter directly from the CVB. Reports provided for informational purposes and made a part of the proceedings. • Group Sales • Communications Dir. Pickering introduced the new Special Events Mgr. Bo Winslow. Mgr. Winslow has been the manger at Cheley for 20 years as well as a volunteer firefighter. The Committee welcomed Mgr. Winslow. MUSEUM/SENIOR CENTER. Senior Center Basement Ceiling Project - Request Approval. During the CIRSA property survey in September 2006, it was noted that the Senior Center basement acoustical ceiling should be repaired or replaced and storage/shelving should be installed to reduce trip and fall injuries. This project will be completed in two phases, Phase 1 - ceiling repair and Phase 11 - installation of shelving, with a total project cost of $12,000 budgeted. After review of the project by Chief Building Official Birchfield and Project Manager Mangelsen, it was concluded the ceiling be replaced with a one-hour fire rated grid, acoustical panels, ceiling radiation dampers, new electrical wiring and the replacement of old light fixtures. The following bids were received: Ceiling Mechanical Electrical 3 vendors invited to bid 2 vendors invited to bid 2 vendors invited to bid (1 declined) Ace Acoustics Tolin Mechanical Systems High Plains Electric $3,450 $1,625 $2,172 Acoustics and Interiors Pro Tech Plumbinq and Heating Estes Park Electric $3,800 $2,395 $2,800 Staff recommends the low bids from Ace Acoustics, Tolin Mechanical Systems and High Plains Electric. After further discussion, the Committee recommends approval to contract with Ace Acoustics - $3,450, Tolin Mechanical Systems - $1,625 and High
RECORD OF PROCEEDINGS Community Development - April 5,2007 - Page 3 Plains Electric - $2,172 for a total project cost for Phase I of $7,247 from account 217-5304-453-25-02 as budgeted. Reports. Reports provided for informational purposes and made a part of the proceedings. • Museum Monthly • 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
RECORD OF PROCEEDINGS Community Development - April 5,2007 - Page 4 that would not permit any other commercial activity at a vacation home. Dir. Joseph stated a growing trend is the purchasing of homes 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 24m 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. • Activity and Budget Summaries • 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, May 23,2007 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 23rd day of May, 2007. Committee: Mayor Baudek, Trustees Blackhurst, Eisenlauer, Homeier, Levine, Newsom and Pinkham Attending: All Also Attending: Town Attorney White, Administrator Repola, Chief Dorman, Director Pickering, Director Joseph, Deputy Clerk Deats Absent None Mayor Baudek called the meeting to order at 1:30 p.m. LOCAL MARKETING DISTRICT UPDATE. Dir. Pickering has been conducting meetings with community members to provide information regarding the creation of a local marketing district, including the lodging association, the Chamber, the Newcomers group, and senior citizens, who have provided feedback on the topic. Attorney White outlined the following steps to be taken towards the creation of the marketing district: • Development of a draft IGA between the Town of Estes Park and Larimer County containing marketing district organizational information. • Signed petitions to the Town and County, and public hearings to support the creation of the marketing district. • Certification of a ballot issue to address funding the district by means of a sales tax on the short-term rental of accommodations. • Ballot issue - November 2008. Discussion followed regarding the structure of the marketing district's governing body/board, an operating plan for the district, funding of the district until tax monies become available, and actions to be considered if the ballot issue related to funding the district should fail. Dir. Pickering will continue to be involved in providing educational materials and information to the electorate related to the marketing district. FIRE DEPARTMENT SERVICES UPDATE. Meetings have been conducted with the Larimer County Sheriff in regard to fire protection services provided to properties outside of the Town limits and the dissolution of the current automatic response agreement. A new agreement would be implemented enabling the Town to recover costs associated with emergency calls outside Town limits. Consideration is being given to the creation of contractual agreements between homeowners associations and the Town of Estes Park that would allow for the availability of emergency services at a prescribed rate per homeowner. Guidelines available through the State of Colorado would be used to determine fees related to emergency calls based on the operating costs of the type of equipment dispatched to the scene. Chief Dorman reported that members of the Estes Park Volunteer Fire Department stated that they do not want their volunteer time to be included in charges to property owners. Billing would be through the Town of Estes Park and monies charged for emergency responses would not recover all costs, but help to offset expenses. Staff is working on the context of agreements for fire services with relevant
RECORD OF PROCEEDINGS Town Board Study Session - May 23,2007 - Page 2 agencies. BED & BREAKFAST DISCUSSION. A need to address the operation of Bed & Breakfast Inns and establish consistency between the Municipal Code and the Estes Valley Development Code as to the operation of such, prompted the Trustees to discuss points that characterize aB&B establishment. The following points were identified as characteristics to include in a definition of a Bed & Breakfast: • Owner/Manager occupied, single-family, detached dwelling unit. • Lodging for no more than eight persons (who may be unrelated) including the resident managers/owners, further limited to two persons per bedroom plus two. • Meals may be offered to overnight guests only. • No more than three cars parked outside of the garage area, and no on-street parking. • Accessory buildings shall not be used for guest quarters or amenities beyond a gazebo or similar outdoor room. Discussion took place regarding zoning districts in which aB&B would be considered an allowable use. In addition to properties zoned Commercial and Accommodation where a B&Bis currently an allowed use, the Trustees identified residential districts R- 2 and RM as permitted use areas, without special review. An ordinance will be written reflecting the proposed changes to the Municipal Code. The same changes to the Estes Valley Development Code will be proposed to create consistency, and will be reviewed by the Estes Valley Planning Commission. BOND PARK USAGE. Certain events held last year caused damage to improvements to Bond Park. In particular, displaying cars in the Park during the Coolest Car Show held on July 4th, caused considerable damage to turf and sprinkler heads within the Park. The damage was attributed to newly planted sod and wet, rainy weather that occurred during the event. Foot traffic during arts and crafts shows, as well as the need to turn off the irrigation system during these events, creates additional stress on the turf. The Trustees discussed different types of events that might be suitable for Bond Park and others that could move to Performance Park, or to the fairgrounds when improvements are completed. The Trustees stated that Bond Park should be a multi-purpose event venue and complement downtown businesses. The perception that events in Bond Park compete with downtown businesses was also discussed, as well as transient vendor licensing, and sales tax collection. Currently, capital improvements are being made to the Stanley Park Fairgrounds area. Discussion ensued about researching construction costs related to improvements that can be made to Bond Park to create a balance between a park-like setting and its functionality as a venue for performances and events. Staff suggested evaluating Bond Park construction in 2009 or 2010. COMMERCIAL DEVELOPMENT AND INCENTIVES. A growing trend among municipalities is to offer incentives to companies to attract business and/or developments to their towns. Incentives are often in the form of tax rebates, access to tax increment financing, and rebates on infrastructure costs. The incentives are offered with the idea that the development will bring in new tax revenues. The Trustees discussed whether the Town of Ehtes Park would be interested in offering these types of incentives to attract development to the area. Discussion included how EPURA could play a role in providing incentives, how incentives would not be offered to new businesses that would be in competition with existing Estes Park businesses, and
RECORD OF PROCEEDINGS Town Board Study Session - May 23,2007 - Page 3 the possibility of businesses leaving the area when incentives run out. The Trustees stated that incentives are sometimes key in making a project successful by providing a more attractive rate of return for investors, and that when a project would be considered a benefit to the community, the concept of incentives might be considered. There being no further business, Mayor Baudek adjourned the meeting at 4:45 p.m. Cynthia Deats, Deputy Town Clerk
~ Amendments to the Estes Valley ~ Development Code, Block Eleven Estes Park Community Development Department Town Hall, 170 MacGregor Avenue ~ PO Box 1200 ~ Estes Park, CO 80517 Phone: 970-577-3721 Fax: 970-586-0249 www.estesnet.com *1 DATE: March 13,2008 F~/If TITLE: Amendments to the Estes Valley e... EMIBoudar, r Z USB Development Code, Block Eleven .*= -- REQUEST: To make a number of changes ' and corrections to the adopted Estes Valley> Rocky .... IV'blntain USFS Development Code relating to short-term Nairnl 8rk .: rentals, such as bed and breakfast inns and vacation homes. LOCATION: Estes Valley, inclusi/ of the Town of Estes Park. . APPLICANT: Estes Valley Planning Commissi~ vI 24>p 4 . . STAFF CONTACT: Bob Joseph*and Alison Chilcott APPLICABLE LAND USE CODE: Estes Valley Development Code PROJECT DESCRIPTION/BACKGROUND: Staff has prepared Code revisions to address concerns expressed b*residents about the impacts of short-term rentals, such as vacation homes and bed and breakfast inns, in residential neighborhoods. If approved, corresponding revisions will need to be made to the Municipal Code. These proposed Municipal Code revisions have been included for informational purposes and do not require action on the part of the Estes Valley Planning Commission. ORGANIZATIONM~ 1. Text to be replaced delineated with strikethrough (abc de fghi jk Imn op qrstuv w *yz). 2. New text delineated with underline (abc de fqhi ik Imn op qrstuv w xyz) 3. Revisions have been organized sequentially by chapter and section. Revision Date: March 13, 2008 1
ITEM 1: SHORT-TERM RENTALS: BED AND BREAKFAST INNS AND VACATION HOMES Section 4.3 Residential Zoning Districts B. Table 4-1: Permitted Uses: Residential Zoning Districts. Additional Regulations Use Classification Specific Use "S" = Permitted by Special Review (Apply in All Districts Unless "-" = Prohibited Otherwise Stated) RE-1 RE E-1 E R R-1 It-2 RM ACCOMMODATION USES Bed and Breakfast k ------ P §5.1.B Low-Intensity Inn p Accommodations Vacation Home E R £ £ 11 11 P P 45.1.8 Section 4.4 Nonresidential Zoning Districts ·,r B. Table 4-4: Permitted Uses: Nonresidential Zoning Districts. Nonresidential Zoning Districts "P" = Permitted by Right "S" = Permitted by Special Review Use Additional Regulations (Apply "-" = Prohibited Classific in All Districts Unless Otherwise ation Specific use A A-1 CD CO O CH 1-1 Stated) ACCOMMODATION USES Low- 45.1.B. In CD, such use shall not Bed and Intensity be located on the ground floor of a breakfast P P P P Accommoda building fronting on Elkhorn inns tions Avenue In CD, such use shall not be located on the ground floor of a Hotel, Small - P P - - - building fronting on Elkhorn Avenue 45.1.B In CD, such use shall not be located on the ground floor of a building fronting on Elkhorn Avenue - P P - - - - •Short term and lotic term nightly Vacation rentals allowed as a principal use Home in a residential dwelling unit •See also Table 5 2 which allows nightly rentals as an accessory use to a dwelling unit in the A 1 and CD zoning districts Revision Date: March 13,2008 2 H
Resort lodge/cabins , low- -- §5.1.P intensity Section 5.1 Specific Use Standards B. Bed and Breakfast Inn and Vacation Home. All bed and breakfast inn uses shall be subject to the following standards: 1. Structures shall not be altered in a way that change:, their general residential appeaftmee- 2. If tour (1) or more off street parking spaces 4ard pIF)vided pursuant to §7.11, visual screening from adjacent residential uses*afl A required. 3. Other than registered guests, no meals shall'he served to the general public. No cooking or kitchen facilities shall be allowed in the guest roomsta All bed and breakfast inns and vacation 11M@~ shallb~ subject to tME following regulations and standards: -~ 1. Permitting. All bed and breakfag~all(jl~acation-hornes shall obtain a permit on an annual basis from the Estes ParlACon-i~ Developaspt Department. If the bed and breakfast inn or vacation home~located within To~*'limits, the permit shall be the business licenso#1*1*upprmit shahhesignate a toell/resident or property manager of the Estes Valley who 't:Al be contacted with regard to any violation of the provisions of this@Section. Tl-~erson set forth on the application shall be the agent of the owner for dl~gposes y¢*legard to thitoperation ofthe bed and breakfast inn or vaca~.~~9~~P 2. Est~Fark MI*bipal ~ For bed and breakfast inns and vacation homes located )2!Wn the Townlihistes '1*k compliance with all the conditions and requirements aN~forth in the Td~ f Ig#~ark Municipal Code, Chapter 5.20 is required. 3. Occupatty . a. Numbt®£Partie~ (1) Bed an~ Inns. Bed and breakfast inns may be rented. leased or furnished to one ( 1) or more parties. (2) Vacation Homes. Vacation homes shall be rented. leased or furnished to no more than one (1) party. One (1) party shall consist of related and/or non- related individuals occupying the vacation home as a group. for example, a family or group of friends vacationing together or a group of business associates. Revision Date: March 13, 2008 3
b. Maximum Occupancy. Maximum occupancy limits establish maximum occupancies for bed and breakfast inns and vacation homes, not for individual rooms within the bed and breakfast inn or vacation home. For example, three indivudals could be accommodated in one bedroom and one individual in another. (1) Bed and Breakfast Inns. 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) guest, per bedroom plus two guests. (2) Vacation Homes. No more than eight (8)~hcli,48uals, including, but not .dr. mgo. limited to, guests and owner-occupants 1!150#occup),(~acation home at any one time. This maximum allowable 9,~ancy shall Be further limited by a maximum oftwo (2) individuals lyfRAPoom plus two indi#duals. 4. Parking. a. Minimum Required Parking.~cept in the C D Downtown Commercial zoning district, the number o f par k~~s available te a dwelling unit housing a bed and breakfast inn and/or a vaj~io?fq;&*abshall no~Areduced to less than two (2). b. Maximum Allowed Parking. N~more: than three ..(31 vehicles shall he parked outside at any one (1)"i~e. Vdhibles enclosed within a garage do not count towards this inatimum. (jnmstreet phrking shall be prohibited. Refer to §5.2.B.2.f, which may ~nther limit the number ofibehicles permitted on site. 5. Residential:»Charactef>·:.Et® and retikf#st inns and vacation homes shall not be desigiied or operated in a manner that is out of character with residential use of a ~ing unit by on~sehold.:This includes, but is not limited to, the following: a. Design shall be cdihpatibld, in terms of building scale, mass, and character, with 10*intensity, low-*chle residential use. b. Guest~~ shg>be integrated within the bed and breakfast inn or vacation home. c. 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. d. Accessory buildings shall not be used for amenities beyond a gazebo or similar outdoor room. Revision Date: March 13,2008 4
e. No changes in the exterior appearance shall be allowed to accommodate each bed and breakfast inn or vacation home. except that one ( 11 wall-mounted identification sign no larger than four (4) square feet in area shall be permitted. £ Vehicular traffic and noise levels shall not be out of character with residential use. 6. 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. Home accupations shall not be operated on the site of a vacation home, nor shall vacati6# nomes offer ancillary services to guests. (See 45.2.B.2.dj. 7. Employees: No one other than a resident of the dflpring shall+e employed on site, report to work at the site, or pick up supplies or products on Mte i~ the conduct of a bed and breakfast inn or vacation home. Ahis prohibition dod;knot apply to the provision o f housekeeping and maintenau~vices by employees 61~ndependent contractors. 8. Housekeeping Services. Bed ailibreakfast inli shah be permitted to provide daily housekeeping services to gue*~ation homes shall be permitted to provide housing services only at the begi7047~ of a pat-tv's stay. -E,¥f 9. Meal Service. Bed and breakfast inngnayluovide nieals service to registered guests: however. meals shall**rENdA[ovided'tii tTitgeneral ~Elic. Vacation homes shall not provide meal s e¢¢* to regis'~d guests or the general public. 10. Employee Ho~~nits E&11**~e hot~mg units shall not be rented, leased or furnishe,UU~tenanNes 0-1 less thalitkgut>'¥~ days. (See §5.2.C.2.al. 11. Att~l~0~~bUnif~ttainable housing units shall not be rented. leased or furnished for tenanikof 182*han thirty (30) days. (See §11.4.El. 12. Acce~ry. Dwelling LERs. Bed and breakfast inns and vacation homes shall not be permittedlbn.residential flots containing an accessory dwelling. (See also 45.2.B.2.a which prohib~k [9*tal of accessory dwelling units regardless of the length of tenancy). 13. CD District. In the CD Downtown Commercial zoning district, such use shall not be located on the ground floor o f a building fronting on Elkhorn Avenue. 14. Density. Only one vacation home or bed and breakfast inn shall permitted per residential dwelling unit. Revision Date: March 13, 2008 5
Section 5.2.B.1 Accessory Uses/Structures Permitted in the Residential Zoning Districts. Table 5-1: Accessory Uses and Structures Permitted in the Residential Zoning Districts Residential Zoning District 6, Yes" = Permitted "No" = Not Permitted Additional Accessory Use RE-1 RE E-1 E R R-1 R-2 RM Requirements Yes Yes Yes Yes Yes Yes Yes Yes §5.2.8.2.g Vacation Home 43-1.B Section 5.2.8.2 Additional Requirements for SAcific Accessory Uses/Structures Permitted in the Residential Zoning Districts 2 46 . d. Home Occupations. Ni \ (4) Operational: (k) Hoine occupations shall be prohibited on the site of a vacation home and/or accessory dwelling unit. (Se'a 45.,1.Boand 45.2. B.2.a). e. Rentals. I.A,42* 14 .A.- (1) Long term rental. (lease termi'c¢f thii-ty [308[ays or more) of a principal or accessory residential dvelling un~2hall be permitted as an accessory use in all residential zoning dist~~ (2) Short term hyglitly fdhimm*aw tl~ts of less than thirty [30] days) of a ,incipdt residential dwelling t.unit shll be permitted as an accessory use in all ,~eiiti41@ning=districts, provided that the following conditions are met. All permitted di\(~rm rentals ofdwelling units shall be required to: ~9) Comply dith all th·~onditions and requirements as set forth in the Town Vj of Estes Park Municipal Code, Chapters 5.20 and 5.35, and (b)'9~in a 11~~ess license if within Town limits £ Storage or Parking ofVehicles, Recreational Equipment and Recreational Vehicles. (7)Bed and Breakfast Inns and Vacation Homes. See §5.1.B which further limits vehicle storage and parking for dwelling units that are permitted as a bed and breakfast inn or vacation home. Revision Date: March 13,2008 6
Section 5.2.C.1 Accessory Uses/Structures Permitted in the Nonresidential Zoning Districts. Table 5-2: Accessory Uses and Structures Permitted in the Nonresidential Zoning Districts Nonresidential Zoning District "Yes" = Permitted "No" = Not Permitted Additional Accessory Use A A-1 CD CO O CH I-1 Requirements No Yes Yes No No No No 45.1.B Vacation Home In CD. such use shall not be located on the ground tloor of a building fronting on Elkhorn Avenue ·As accessory to a principal residential use enly; -The short tenn nightly rental of a duelling unit as an accessory use in the A 1 und CD di:,tricts shall not be subject to the requirements of 45.2.8.2.g €*beve: -Sce also Table 1 1 which Vk:..IJ..14.I~ rentals as a principal use of a dwelling unit in the A 1 and CD zoning distriettiv Section 5.2.D General Dimensional and Operational Requirements. 4. Maximum Building op.~ Structure Size for Nonresidential Uses. Except as otherwise expressly limited or allowed in this Section, and except for structures containing accessory night]K rentals and for accessory recreational facilities including swimming pools, freestanding accessory buildings and structures shall not be larger than one thousand (1,000) square feet of gross floor area. (Ord. 15-03 #1) Section 5.2.C.2a Emplovee Housing (4)Restrictive Covenant Required. (a) Employee housing units provided pursuant to this Section shall be deed restricted for a period oftime no less than twenty (20) years to assure the availability ofthe unit for long-term occupancy only by employees of the principal business use. Such restriction shall include a prohibition of short-term rentals (less than thirty [30] days); see 45.1.B and/or rentals to the general public of the unit(s) except as otherwise allowed by this Section. Revision Date: March 13,2008 7
.. Section 7.11.D. Minimum Off-Street Parking Requirements The following Off-Street Parking Schedule establishes the minimum number ofoff-street parking spaces to be provided for the use categories described in this Code. Minimum Number of ; Off-Street Parking Spaces Off-Street , * (See §7.11.C above for Loading Group Use Classification Specific Use measurement rules) (See §7.11.N) 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 ernployees Resort lodge/cabins, low- 2 per cabin or guest room + 1 space n/a intensity per 3 employees '4 - Section 11.4 Attainable Housing Densitv Bonus, E. Development and Desi2n Standards. 4. Short-Term Rentals Prohibited. ~inablehousing units shall not be leased or rented rented, leased or furnished for tenancid~of less than thirty (30) days (see §5.1.B). I ¢ 1*•44 Section 13.2.C Use Classification/Specific Use Definitions and Examples. 2. Accommodations, Lo»Intensity. a. General Definition: Visitor-serving fagilities that provide temporary lodging for compensation, and with an average lettgth of stay of less than thirty (30) days. (except f0 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 4 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: A detached single-family residential dwelling unit that is rented, leased, or occupied as a single accommodations unit for accommodations purposes for terms of less than thirty (30) days and is operator-occupied on a full-time basis. 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 o f 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·/ Revision Date: March 13,2008 8
(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: 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). Sce §5.2.B for nightly rentals allowed as an accessory 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 resort lodge/cabin use may contain full kitchen facilities in lieu of "limited kitchen facilities," but 6nly if such guest rooms comply with all conditions set forth in §5.1.P ofthis Code... (5) Vacation Home. A residekihl dwelli; unit thfit is rented. leased, or occupied as a single iwocimmodatiol&unit for compwsation for terms of less than thirty (301 - ... de - Section 13.3 Definitions of Words, Terms and Phrases 6. Accommodations Use shall mean a commercial, visitor serving facility that provides temporary lodging in guest rooms orltiest ~16;, for compensation, and with an average length ofyisit(ff stay of 163§ than thirty (30) days. Examples of accommodations uses include. motels, hotels, bed and breakfast inns, resort lodges and hostels. A principal "niAtly rental" use of a dwellidg unit in the A 1 or CD zoning districts, as more specifidaITy described in 011.C.2 of this Chapter, is an accommodations use. On the other hand, ahaccessory sht#t term "nightly rental" use of a dwelling unit in a residential zoning districtas,~allowed by §5.2.B.2.g of this Code, is not an accommodations use. Sce also the definitionof. "guest room or unit" below. shall mean the rental, leasing. or occupancy of an yll~ mobile home, recreational vehicle, camp site, or other area in a visitor-serving facility that provides temporary lodging, such as any hotel, motel, guest house. apartment, dormitory, mobile home park, recreational vehicle park or campground, any single-family dwelling, duplex, multiple-family dwelling, condominium unit. or any such similar place, to any person whom, for a consideration, uses. possesses, or has the right to use or possess such room, mobile home site, recreational vehicle site. camp site, or other area for a total continuous duration of less than thirty (30) days. 28. Household Living. Revision Date: March 13, 2008 9
, a. General Definition: A family unit related by blood, marriage or adoption or eight (8) or fewer unrelated individuals (including resident and nonresident care givers) living together in a single dwelling unit, with common access to and common use of allliving and eating areas and all facilities for the preparation and serving of food within the dwelling unit. Household living shall include occupancy by a renter household for terms of thirty (30) days or more. Refer to the definition of "accommodations use" for renter occupancy for terms of less than thirty (30) days. b. Examples: This classification includes households living in single-family houses, duplexes, town homes, other multi-family dwelling structures, 1 1 7. Guest Quarters shall mean living quarters with or yithout kitchen facilities for the use of temporary guests ofthe occupants ofthe single Grnily dwelling. 118. Guest Unit or Guest Room shall mean: AV a. A room or suite of rooms in an accommodations use that contains sleeping and sanitary facilities and that may include limited kitchen facilities. With the exception of guest units or guest rooms in bed and b€a]Q;ast inns and vacation homes, guest units or guest rooms may includelimited kitcHUnlatilities. b. For purposes of this definitioit "limited kitchen facilities" shall mean a kitchen that is not contained in a separate room and that may have a sink and only the following appliances: (a) a refrigerator no larger than three and one-half (3 14) cubic feet; (b) a stove/dien no ~wider thA~tiverity (20) inches; and/or (c) a microwave oven. , 14 159. Nightlv Rentals, Long Term shall lileati~?the leasing of a principal or al-LL./.1 ory dwelling unit for *mpensation and for a tergotthirty (30) days or longer. See §13.2.C.2 for the description-bf a principal niglitly rental use, and §5.2.B of this Code regarding accessory nightly rental uses in the residential zoning districts. 24* 160. Arkhtlv Rentals, Sh11*4Tcrm shall mean the leasing of a principal dwelling unit for coinpensation and for a ~rm of le .-,L-, . r than thirty (30) days. See §13.2.C.2 for the description of a principallythtly rental use. and §5.2.B of this Code regarding nightly rentals in residential zoning districts. 199. Rentals, Nigh~ Short Term. See definitionof"Nightly Rentals" above. Revision Date: March 13, 2008 10
. Estes Park Municipal Code 5.20.020 Definitions. In this Chapter, the following words and phrases shall have the following meanings: 0) Accommodation means the leasing, renting or furnishing of any room, mobile home site, recreational vehicle site, camp site or other area in_any hotel, motel, guest house, bed and breakfast, apartment, dormitory, mobile home park, recreational vehicle park or campground, any single· family dwelling, duplex, mul~ple· family dwelling, condominium unit, vacation home or any such similar place-to any person who, for a consideration, uses, possesses or has the right to use or possess such dwelling, room, single family dwelling, duplex unit, multiple family unitr cdhdominium unit, vacation home. site or other accommodation_for a total continuoUS durationg less than thirty (30) days-: Accommodation means the rental. leasing. 0-ME:upancy of,ao accommod~ksite and/or accommodations unit fur a total continuous dJNicu.1 of l¢§40an thirty (30) dgs. . (2) 1·conimodation site means a 9~2~lsting of 07~11) or more accommodation units,· including. but not limited to condodmimiR"units, which aN located on one (1) individual parcel of real property and under 11121 n~~.~~~tal purpose- of ., an agent, entity or agency. Accommodation site_ 1112Rs oi;~) indivmual parcel of real property consisting of one (1) or more accoudSodations un~hat are q~~r management control of an agent, entity or agency tbr rentj*i®poses. 1.IL (3) Acc'o,11/g~* on unit means eac~n~li~al room, set of rooms, site, single family dwellin*duplex unit amultiple-family unit, condominium unit, vacation home or divided arca~, leased o;t&unied 611 a unit basis in an accommodation. Accomn;Eaeons unit mel any room, mobile home, recreational vehicle, camp site, or other area 7**kisitor-ser~8% facility that provides temporary lodging. such as any hotel. motel. guest liothk apal:¢11*lt, dormitory. mobile home park. recreational vehicle park or campground. Af®%.d*fle-family dwelling. duplex. multiple-family dwelling, condominium unit.1~fny such similar place, to any person whom, for a consideration, uses. possesses, or has the right to use or possess such room, mobile home site~ recreational vehicle site, camp site. or other area fur a total continuous duration of less than thirty (30) days. (10) Vacation home means a residential dwelling unit, as defined in the Estes Valley Development Code, that is located within a residential zoning district and is rented, leased or occupied on a unit basis as an accommodation. Revision Date: March 13, 2008 11
Vacation home means a residential dwelling unit that is rented, leased, or occupied as a single accommodations unit fur compensation for terms of less than thirty (30) days. ill) Bed and breakfast Inn means a detached single-family residential dwelling unit that is rented, leased, or occupied for accommodations purposes and is operator-occupied on a full-time basis. 5.20.110 Vacation homes in residential zoning districts and Bed and Breakfast Inns. This Section shall apply to the leasing, renting and occupation of any vacation home existing in the following zoning districts ofthe Town: RE 1, RE, El,E, R, R „ 1, 2 and R M. This Section shall apply to vacation homes and bed and breakfast inns. (1) Purpose. The purpose of this Section is to permit the leasing, renting and occupation of vacation homes in residential zoning districts whue maintaining the residential character ofthose districts. la (2) Restrictions on rentals. The leasing, renting or occupation reA'thl leasing, or occupancy of all vacation homes and bed and breakfast inA subject to this Section shall be restricted as follows: . a. Compliance with the applicab~?egulations found in the Estes Valley Development Code is required. Vacation homes shall not be operated in a manner that is out of character with residential uses. This includes vehicular traffic and noise levels that are out of character with residential uses..Vacation homes shall be designed to be compatible, in terms ofhuilding scale, maks and character, with a predominantly lou' intensity and low scale residential setting.'Guest rooms shall be integrated within the vacation home. Kitchen facilities shall be limited to be consistent with single family residential use. i ..15*-· .~////A- b. A vbf~RA hoine shall be rented,~a~or furnished to no more than one ( 1) party A; with a maximum of eight (8) individual guests. The total maxiinum occupancy of eight (8) individuals shall be further limited by a maximum of two (2) guests per bedroom plus two individuals. In the event the vacation home is managed by a full time on site manager, the vacation home may be rented, leased or furnished to more than one (1) party subject to the limitations of two (2) guests per bedroom plus two (2) individuals with a maximum of eight (8) guests. c. No changes in the exterior appearance to accommodate each vacation home shall be allowed, except that one ( 1) uall mounted identification sign no larger than four 01) square feet in area shall be permitted. d. Only one (1) vacation home shall be permitted per lot in single family residential districts. e. No recreational vehicle, as the same is defined in Chapter 13 of the Estes Valley Development Code, tent, temporary shelter, canopy, teepee or yurt shall be used by any individual for living or sleeping purposes. Revision Date: March 13, 2008 12
f. Each vacation home is permitted a maximum ofthree (3) guest vehicles on site and parked outside at any one (1) time. On street parking shall be prohibited. g. Vacation homes shall be subject to commercial utility rates for the entire calendar year o f the current license, and sales tax collection and remittance. It is the owner's responsibility to notify the Utility Billing Department when the residence is no longer being used as a vacation home after the license expires. h. The application for a business license for any vacation home or bed and breakfast inns shall designate a local resident or property manager ofthe Estes Valley who can be contacted by the Town with regard to any violation 6f the provisions of this Section. The person set forth on the application shall be the agent ofthe owner for all purposes with regard to the issuance of the business license, the operation of the vacation home or bed and breakfast inn. and revocation of the business license pursuant to the terms and conditions ofthis Section. :44 i. Any vacation home in operation on or before November 1,2001, and whose owner obtained a business license from the Town for 2001 shall be entitled to operate the vacation home to the extent of its operation old the effective date of the ordinance codified herein, including but ~t limited to the AUmber of guest individuals allowed to occupy the vacation home ~u/8#h (1) time. the number of guest vehicles allowed to be parked onsite and ~permitted signage identifying the operation of the vacation home. In the e.yent the*peration ofthe vacation home grandfathered by this Section is aban¢oned fur a period of one (1) year'or the owner does not maintain a business license for the 3¥ation thome in any subsequent calendar year, the vacation horn# shall then be~bject to all~f the terms and conditions of this Section, including but not limited to the·number ofguest individuals occupying the premises, the numbeE.pf vehicles allowed to.*.De parked outside one site and the signage identi&'ing tne operation ofthe vacation home. (3) tiolation. It is a violation ofthis Section for any owner, agent, guest and/or occupant of a vacation home or tiddl and [*akfast inn to be convicted, including a plea of no contest, of a violation of Section 9.08.010 (Disturbing the Peace) of this Code; to fail to collect and remit all required sales tax to the State due and owing for the leasing, rental or occupation of a vacation home or bed and break fast inn; to violate any provisions o f this Section; and/or to fail to acquire and pay for a business license. For the purpose of this Section, only violations of Section 9.08.010 of this Code which occur on the premises of the vacation home or bed and breakfast inn and while a vacation home or bed and breakfast inn is being occupied as a vacation home or bed and breakfast inn shall be a violation ofthis Section. (4) Revocation of license. The Town may revoke the business license of any vacation home or bed and breakfast inn for violation ofthe provisions ofthis Section as follows: Revision Date: March 13, 2008 13
a. The Town Clerk, upon the receipt and verification of any violation of this Section, shall give written notice to the owner or agent that a violation has occurred. b. Upon the receipt and verification of any subsequent violation of the terms and conditions of this Section, within two (2) years of the date of the written warning set forth in Subsection a above, the Town Clerk shalt may revoke the business license by giving written notice to the owner or agent of the revocation of the license. Said revocation shall be for one (1) year from the date ofthe notice. c. Upon the receipt and verification o f any subsequent violation of the terms and conditions of this Section within two (2) years after reinstatement, the Town Clerk shall revoke the business license by giving written notice to the owner or agent of the revocation of the business license. Said r~RBation shall be for two (2) years from the date ofthe notice. Upon revocation of the business license, the owner's right to operate a vacation home opbed and breakfast inn on the property shall terminate. (5) Appeal. Any owner or agent who wishes to cont - - the written warning or the revocation of a business license shall be entitled to request a hearing before the Town Clerk by written notice delivered i*person or by certified mail, return receipt requested, to the Town Clerk within fifteen (15) days ofthe date ofthe warning or revocation. The Town Clerk shall hold a hearing on the appeal and determine whether or not a violation o f the provisions o f this Section has ocairred. The owAer shall be entitled to present any evidence o f compliance with the terms and conditions o f this Section at said hearing. The decision of the Town Clerk as to whether or not the violation occurred shall be final and not subject to further appeal. -- traj N. 1 r 9 7 Revision Date: March 13, 2008 14 El
'' 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: • Review of the formation/organization of LMD (May) • Conduct a phone survey (May/June) • Town/County to assess the formation/organization of the LMD (May/June) • Draft a proposed contract (IGA) between the Town and County (June) • Obtain signed petition of 51% (valuation) of commercial property owners - (July/Dec) • Form a political action committee (Jan/Feb 2008) • Joint public hearing (March 2008) • Second joint public hearing (May 2008) • Adopt contract and order election (June 2008) • Committee to campaign for LMD (July/Nov 2008) • Election (Nov 2008) • Lodging tax begins (Jan 2009) • New marketing committee begins work (July 2009) • 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 ove r time. VACATION HOMES Administrator Repola reviewed the recent corriplaints received for one specific vacation home rental, A Celtic Lady's Mountain Retreat, and the need to address issues related
9, 4 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-Mj \s 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 5m 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