Loading...
HomeMy WebLinkAboutMINUTES Town Board Study Session 2024-08-27RECORD OF PROCEEDINGS Town ofEstes Park, Larimer County, Colorado August 27, 2024 Minutes of a Study Session meeting of the TOWN BOARD of the Town of Estes Park, Larimer County, Colorado. Meeting held at Town Hall in the Board Room in said Town of Estes Park on the 27th day of August, 2024. Board: Mayor Hall, Trustees Brown, Cenac, Hazelton, Igel, Lancaster, and Younglund Attending: Mayor Hall, Trustees Brown, Cenac, Hazelton, Igel, Lancaster, and Younglund Also Attending: Town Administrator Machalek, Deputy Town Administrator Damweber, Town Attorney Kramer, Town Clerk Williamson and Deputy Town Clerk Beers Absent: None Mayor Hall called the meeting to order at 4:30 p.m. WILDLIFE SAFETY EFFORTS. Chief Stewart provided an overview of the Police Department's (PD) approach to wildlife safety efforts which consist of proactive and reactive public outreach. He stated wildlife calls are seasonal with calving in the spring and the rut in the fall. Proactive engagement may include social media, Coffee and Tea sessions and other opportunities to relay safety information to the public; 48"x36" educational signs to be placed around Town where needed. Mitigation efforts are also relayed through Code Enforcement interactions. Reactive efforts may include using police auxiliary, community service officers, code enforcement officer and patrol officers to create a buffer between the animals and the public to include taping off areas to help create a barrier. Citations for wildlife violations are primarily issued through Colorado Parks and Wildlife; however, the PD can issue citations if there are violations. He spoke to other national marketing efforts to help inform the public of safety measures when observing the local wildlife and welcomed Board feedback or alternate options to increase public safety as it relates to wildlife. Board comments have been summarized: The value in raising awareness during peak seasons and officer availability; the PD were encouraged to engage with a local group through the wildlife coalition called the "elk brigade", volunteers who are trained in safety engagement; questioned the threshold of when an Estes Park officer would issue a ticket; opportunities for interactive digital proximity displays which are already used in other jurisdictions or National Parks; if Visit Estes Park (VEP) has messaging and opportunities for coordination; and video, audio or print options in/on public transportation. Town Administrator Machalek stated VEP markets wildlife safety messaging through their "Do Estes Right" promotion. Staff would research Board feedback and provide more information when available. SEMI-ANNUAL COMPLIANCE REVIEW WITH BOARD GOVERNING POLICIES - POLICY 1.10 SELF-MONITORING OF THE BOARD. Mayor Hall requested comments from the Board and hearing none, closed the discussion. HOSTED SHORT TERM RENTALS. Town Clerk Williamson stated the initial discussion would provide the Town Board with an overview of "hosted" short-term rentals, provide staff with direction on the use, provide guidance on use regulations, and if applicable, what public process the Board may consider. Through the approval of Ordinance 11-24, amending the Estes Park Municipal Code regulations for bed and breakfasts (B&B), the Board discussed how to classify currently licenses B&Bs that may not be able to meet the new regulations. These properties operate in alignment with the vacation home regulations; however, those regulations do not allow the homeowner to be present on the property while RECORD OF PROCEEDINGS Town Board Study Session - August 27,2024 - Page 2 rented short-term. It was further noted through public comment, the renting of a room, or portion of the home as a separate dwelling unit allowed homeowners to afford to live and work or be retired in Estes Park. At the Board's direction, staff reviewed communities (25) and counties (2) with short-term rental use and regulations to determine if they allow "hosted" rentals, and if so, what limitations or caps may be utilized to regulate the use. Staff's review determined 16 communities do not allow "hosted" rentals, six communities allow the use, and Larimer and Summit County allow the use. Some key elements regulating the use include the home must be owner occupied, the use is not subject to a cap, some limit the number of bedrooms to be rented, most do not limit the number of bookings per year, and a number of them limit the use by zoning district. Staff stated any new use would require a development code review to identify allowed use, definition, zoning, accessory dwelling unit (ADD) tenancy, accessory kitchen, and the creation of separate dwelling units. Public comment was heard from Jim Doctor/Town resident, South Cox/Town resident, Kyrie Cox/Town resident, Dick Mulhern/Town resident, Becky Robbins/Town resident, Steve Ferrante/Town resident, and Liz Mulhern/Town resident and has been summarized: spoke to the breakfast requirements for bed and breakfast inns; dietary restrictions/allergies and varying customer interaction preferences with hosts; operating as a B&B with no neighbor complaints; the concept of hosted would be a great solution for people in the Town; B&B rentals operating as a separate unit in the basement allows individual's to live and retire in Estes Park; short-term rental use provides sen/ices, brings guests into the community, and generates sales tax revenue; and a cap on hosted short term rentals would not be needed due to the unique market. Board comments and questions have been summarized: Whether health and safety standards differ between vacation homes, B&Bs and ADUs; if Larimer County would apply commercial property tax rates on hosted short-term rentals similar to B&Bs; if hosted short-term rentals are resident occupied, are there agreements which exist with the owner; should public input on how properties are operating based on zoning or the creation of an additional dwelling unit be reviewed; review how short-term rentals impact commercial accommodations which pay commercial rates; there may be value in creating a distinction between a B&B and the term "Airbnb"; short-term rentals are expensive houses not typical of workforce housing; some issues or neighbor complaints can be mitigated with an owner present; recommended the removal of the B&B category, maintain traditional vacation home licenses, and allow hosted to simplify the categories; rentals change the character of the neighborhood when there are multiple rentals in residential areas regardless if they are hosted or traditional vacation homes; concern with enforcement for hosted short-term rentals; support was heard to review currently licensed B&B properties on an individual basis to determine if they are operating within the current vacation home regulations in order to be added to the residential cap; importance of attempting to identify unintended consequences and challenges of having short-term rentals in residential neighborhoods; impacts to property values and long term impact if the license would be transferable; implications if the owner occupied requirement were removed from the current vacation home definition; if the workforce housing regulatory linkage fee would applied to hosted short- term rentals; and the importance in creating a balance based on community needs. Town Administrator Machalek spoke regarding the duplex code regulations which are limited by zoning to Two-Family Residential - R-2 and Multi-Family Residential - RM. He spoke regarding the language in the codes and the allowed use of those type of properties. Attorney Kramer stated additional research would be needed to determine regulations for owner-occupied short-term rentals. Staff would further research a separate category for hosted short-term rentals, a combined category with no owner occupancy prohibition, and no changes to current regulations. Staff would further review the process for reviewing current B&B properties on a case-by-case basis for consideration as a vacation home license. Research would also include a consequence analysis and enforcement feasibility for all three options. RECORD OF PROCEEDINGS Town Board Study Session - August 27,2024 - Page 3 Research would be provided at a future study session to include regulatory impacts and staff recommendations. FUTURE STUDY SESSION AGENDA ITEMS, Town Administrator Machalek stated Commercial/Residential Insurance and the Use of 6E Funds for Tuition Assistance would be heard on September 24, 2024. Utility Rates for Service Areas Outside of Town Limits and Annexation Overview would be added to the approved/unscheduled list. Staff would continues to research the new state legislation requiring municipalities to license massage therapists and massage facilities, and would add a discussion to approved/unscheduled list. The Board spoke regarding noise complaints from the past weekend and requested the Noise Ordinance discussion be scheduled. COMMENTS & QUESTIONS. None. There being no further business, Mayor Hall adjourned the meeting at 6:45 p.m. u.-^ BLfrmyVictoria Beers, Deputy Town Clerk