HomeMy WebLinkAboutPACKET Estes Park Planning Commission 2024-11-19This meeting will be streamed live and available on the Town YouTube page at www.estes.org/videos
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completing the Public Comment form found at https://dms.estes.org/forms/EPPCPublicComment. The form must
be submitted by 10:00 a.m. on the day of the meeting. All comments will be provided to the Commission for
consideration during the agenda item and added to the final packet.
__________________________________________________________________________
AGENDA
PLANNING COMMISSION – TOWN OF ESTES PARK
Town Hall Board Room
Tuesday, November 19, 2024
1:30 p.m.
INTRODUCTIONS AND ANNOUNCEMENTS
AGENDA APPROVAL
CONSENT AGENDA
1. Planning Commission Minutes dated October 15, 2024
PUBLIC COMMENT
ACTION ITEMS
1. Rezone 860 S Saint Vrain Ave Senior Planner Hornbeck
DISCUSSION ITEMS
1. Vacation Home Process Town Clerk Williamson
2. Development Code update
ADJOURN
The Town of Estes Park will make reasonable accommodations for access to Town services, programs, and activities and
special communication arrangements for persons with disabilities. Please call (970) 577-4777. TDD available.
November 8, 2024 1
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Town of Estes Park, Larimer County, Colorado, October 15, 2024
Minutes of a Regular meeting of the ESTES PARK PLANNING COMMISSION of the
Town of Estes Park, Larimer County, Colorado. Meeting was held in said Town of Estes
Park on October 15, 2024.
Commission: Chair Charles Cooper, Vice Chair David Arterburn, Dick
Mulhern, Chris Pawson, Jeff Robbins
Attending: Commissioners Cooper, Arterburn, Pawson, Mulhern,
Robbins, Senior Planner Hornbeck, Recording Secretary
Karin Swanlund, Community Development Director Steve
Careccia
Absent: None
Chair Cooper called the meeting to order at 1:30 p.m.
INTRODUCTIONS
AGENDA APPROVAL
It was moved and seconded (Arterburn/Robbins) to approve the agenda. The motion
passed 5-0.
CONSENT AGENDA APPROVAL
It was moved and seconded (Robbins/Mulhern) to approve the consent agenda. The
motion passed 5-0.
PUBLIC COMMENT: none
ACTION ITEM
1. Large Vacation Home 1850 Fall River Road #5 Senior Planner Hornbeck
Planner Hornbeck reviewed the staff report. The owners recently purchased the
property and are seeking approval to operate it as a Large Vacation Home. The
property has three bedrooms currently. Per Code (Secs 5.1.B.2.a and 5.1.B.2.b),
occupancy of a Vacation Home is limited to two persons per bedroom plus two
additional persons, all within the overall limitation of 8 people for a standard
Vacation Home or more than 8 people for a Large Vacation Home. The
applicants propose to remodel the home, within its existing footprint, to add a
fourth bedroom. This would be accomplished by dividing a large existing
bedroom into two smaller bedrooms. In this case, the four bedrooms would allow
a maximum of 10 occupants. Staff recommended approval of the request.
Owners of the other four units on the property submitted letters of approval.
DISCUSSION:
The items discussed were the distance of the lot line to the river, guests vs.
overnight guests, parking on the street vs. property, and why a Life Safety
Inspection was not needed. The background of large vacation homes was also
discussed. Pawson expressed concerns that approving this request could result
in a “free-for-all” of new applications. Arterburn noted that Codes are written for
situations like this, and public hearings give the applicant a way forward.
Applicants Gary and Sally Meyers were present for questions. They
thanked the Commission for their consideration and explained the buying
process for the property.
It was moved and seconded (Arterburn/Robbins) to approve the Large Vacation
Home application as presented, subject to the following:
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Planning Commission – October 15, 2024 – Page 2
1. Occupancy is limited to 10 vacation home occupants per stay.
2. The Planning Commission finds that this Large Vacation Home’s location
on a lot of less than one acre and building setback of less than 25 feet are
offset by adequate screening and/or buffering measures currently in place.
3. Applicant shall obtain a building permit prior to construction of the fourth
bedroom. A certificate of occupancy or completion shall be obtained
before using the fourth bedroom or operation as Large Vacation Home.
4. Applicant shall update the Town business license and associated fees
prior to operation as a Large Vacation Home, including a new in-home
posting with updated occupancy and maximum number of parked cars
allowed.
5. Applicant shall set up a site visit with the Sewer District and be subject to
System Development Fee prior to operation as Large Vacation Home.
The motion passed 4-1, with Pawson voting against.
DISCUSSION:
Director Careccia discussed the request to change the day and time of the Planning
Commission meetings. The bylaws state that the meetings shall be on third Tuesdays at
1:30 p.m. To make this change, an action item would be brought to the Planning
Commission to be adopted, then to the Town Board for a final decision.
Finding new members due to time constraints has not been an issue; however, the
former Chair resigned due to work conflicts.
The Chair or Community Development Director could change the day on an ad hoc
basis. It was noted that this should be the exception, not the rule.
Arterburn favored keeping the day and time as is, and Robbins and Mulhern agreed.
Therefore, it was decided not to pursue a change.
Director Careccia reviewed the Development Code update. Five staff members held
three consultant interviews. Evaluations are in progress, and a decision is expected by
the end of the week.
The Commission requested information on the Wildlife Corridor Map Survey be
presented at the next meeting.
There being no further business, Chair Cooper adjourned the meeting at 2:20 p.m.
_________________________________
Chair Chuck Cooper
Karin Swanlund, Recording Secretary
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COMMUNITY DEVELOPMENT Memo
To: Chair Cooper
Estes Park Planning Commission
Through: Steve Careccia, Community Development Director
From: Paul Hornbeck, Senior Planner
Date: November 19, 2024
Application: Zoning Map Amendment of 860 South Saint Vrain Avenue from E (Estate)
to RM (Multi-Family Residential)
Charles Santagati, Glacier Creek Inc, Owner/Applicant
Recommendation: Staff recommends the Planning Commission forward a
recommendation of approval to the Town Board of Trustees, subject to the
findings described in the staff report.
Land Use:
Comprehensive Plan Future Land Use Designation: Mixed-Use Centers and Corridors
Existing Zoning District: E (Estate)
Site Area: 0.98 Acres
PUBLIC HEARING ORDINANCE LAND USE
CONTRACT/AGREEMENT RESOLUTION OTHER______________
QUASI-JUDICIAL YES NO
Objective:
Conduct a public hearing to consider an application for a proposed Zoning Map
Amendment (rezoning) from E (Estate) to RM (Multi-Family Residential), review the
application for compliance with the Estes Park Development Code (EPDC), and make a
recommendation to Town Board.
Present Situation:
860 South Saint Vrain Avenue is a 0.98 acre site currently zoned E (Estate), containing
a single residence built in 1935. The site is primarily flat and outside all mapped hazard
areas (flood, fire, and geologic). The site is located within an important wildlife habitat
area per the 1996 Comprehensive Plan. The Plan mapped the site within a high use
area for Elk. The site is just outside an area mapped as a high use area for deer, which
runs from Rocky Mountain National Park to South Saint Vrain Avenue. As an area
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within a important habitat area, EPDC restrictions on fencing and non-native
landscaping will apply to future subdivision and development.
Vicinity Map
Potential vehicular access to the site is available from both South Saint Vrain Avenue
and Community Drive. Both streets include existing bicycle and pedestrian facilities,
with a shared-use paths on the east side of each street. Seasonal transit service is
available on The Peak silver route along South Saint Vrain Avenue.
The property was historically zoned for single and two-family residential, from at least
the 1970s until the Town-wide rezoning in 2000. At that time, it was down-zoned like
many properties in Estes Park, to a less intense zoning of Estate, which only allows
single-family homes.
The surrounding land use, zoning, and Future Land Use designation are depicted in
Table 1 below. The Town owns the open space south of the subject property and is
subject to a deed restriction that prohibits development.
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Zoning
Table 1: Zoning and Land Use Summary
COMPREHENSIVE PLAN FUTURE LAND
USE DESIGNATION
ZONING USES
SUBJECT
PARCEL Mixed-Use Centers and Corridors E (Estate) Single Family
Residential
NORTH Mixed-Use Centers and Corridors E (Estate) Single Family
Residential
SOUTH Mixed-Use Centers and Corridors RM (Multi-Family
Residential)
Open Space
EAST Mixed-Use Centers and Corridors CO (Commercial Outlying Golf Course
WEST Public/Semi-Public R (Single-Family
Residential)/ R-2 (Two-
Family Residential)
Single and
Two Family
Residential
Proposal:
The applicant requests to rezone the subject parcel from E (Estate) to RM (Multi-Family
Residential). A conceptual site plan (Attachment 4) and building elevations (Attachment
5) depict ten two-story townhome units, each approximately 1,830 square feet in size.
Each lot includes some exterior open space and deck or patio, with lot sizes ranging
E
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Subject
Property
RM
CO
RM
RM
R-1 R-2
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Morgan St
Brodie Ave
Lexington Ln
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from approximately 3,300 square feet to 4,000 square feet. The building's finish
materials proposed include cedar/ fiber cement lap, vertical, and board & batten siding,
asphalt composition shingle roofs, and metal accent roofs.
Vehicular access would be provided from Community Drive, with emergency-only
access from South Saint Vrain Avenue. Each unit has a two-car garage and one guest
parking space. Landscape buffers and open land is depicted around the perimeter of
the property.
The development would utilize the workforce housing density bonus allowed by EPDC
Section 11.4 to increase the number of units allowed from seven units to ten units. This
is an increase of 43%, less than the full bonus density of 100% (i.e. 15 units). As such,
six of the units will be deed restricted for 50 years to be sold or rented only to qualified
members of the Estes Valley workforce. The other four units would not be subject to the
deed restriction.
Advantages:
The application complies with the relevant standards and criteria set forth below and
with other applicable provisions of the EPDC. In accordance with Section 3.3D
“Standards for Review” of the EPDC, all applications for rezoning shall demonstrate
compliance with the applicable standards and criteria:
1. The amendment is necessary to address changes in conditions in the areas
affected.
Staff Discussion: One change in condition that exists in area, and all of Estes
Park, is a decrease in housing affordability as well documented in the Estes
Valley Housing Needs Assessment & Strategic Plan (HNA). Some key points
from the HNA:
o The NHA established a goal to create and preserve 550 to 700 dwelling units
affordable to the local workforce over the next five to seven years to address
the 2,720 unit shortfall anticipated by 2030. This will require a mix of private
development and Housing Authority projects.
o The Estes Valley’s lack of developable land has slowed housing production
and made it more difficult to identify affordable housing solutions. The pace of
housing unit growth in the past decade is the slowest since the 1960s. The
number of units built since 2010 is only 42% of the average number of units
built per decade in the 70s, 80s, 90s, and 00s.
o Stakeholders believe that housing inventory has progressively worsened in
the past five years and many perceive affordable housing in the Estes Valley
as nearly impossible for year-round residents and families to attain.
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Development from both decades ago and more recently has changed conditions
in area and in the general vicinity of the proposed rezoning, including:
• Mountain Golf Villas Condos built in the early to mid-1990s (Community
Drive & Matthew Circle)
• Trailridge Apartments built in the early 1990 (South Saint Vrain Avenue &
Community Drive)
• Prospector Apartments opened in 2024 (South Saint Vrain Drive &
Lexington Lane)
• Eagle View Condos built in the early 1980s (South Saint Vrain Avenue
north of Golf Course Road)
• Eagles Landing Condos built in the mid-1980s through mid-1990s
(southeast of South Saint Vrain Avenue and Lexington Lane)
A final item which can be considered a change in conditions is the adoption of a
new comprehensive plan in 2023 which changed the future land use designation
of the property from Rural Estate to Mixed Use Centers & Corridors.
Staff Finding: The proposed rezoning is necessary to address changes in
conditions in the areas affected, as outlined above.
2. The Development Plan, which the proposed amendment to this Code would
allow, is compatible and consistent with the policies and intent of the
Comprehensive Plan and with existing growth and development patterns in
the Estes Valley.
Staff Discussion: Staff has waived the requirement for a Development Plan with
the rezoning in-lieu of a conceptual site plan since a Development Plan and
Subdivision Plat will be required should be the rezoning be approved. This
requirement is waived per 3.3.B.1 of the Estes Park Development Code:
“All applications seeking to amend this Code to allow a change from one
(1) zone district to a different zone district or seeking to amend this Code
by changing the permitted uses in any zone district shall be accompanied
by a development plan. Staff may waive this requirement if it finds that the
projected size, complexity, anticipated impacts, or other factors associated
with the proposed development or subdivision clearly justify such waiver.”
Staff recommends as a condition of rezoning approval that the Development Plan
and Subdivision Plat applications are in general conformance with the conceptual
site plan to ensure consistency between applications. There has been precedent
in recent years with rezoning applications in Estes Park being processed and
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approved by the Town Board of Trustees that were not accompanied by a
Development Plan, including 507 Grand Estates Drive, Lot 2 of Castle Ridge
Minor Subdivision, and The Town-owned “Fish Hatchery” project.
The conceptual site plan is compatible and consistent with the policies and intent
of the Estes Forward Comprehensive Plan (Plan). The Future Land Use map in
the Plan categorizes the subject property as “Mixed-Use Centers and Corridors.”
The Plan’s recommendations for appropriate land uses in Mixed-Use Centers
and Corridors include “Mixed-Use developments with upper-story residential,
office, institutional, commercial, entertainment and medium-high density
accommodations such as hotels, motels, short-term rental attached units. EPDC
does not have a mixed-use zoning district (other than CD (Commercial
Downtown)), meaning the Plan’s vision cannot be implemented under the current
code. As such, development must be either residential or commercial. Given the
mostly residential character of the area, with commercial uses clustered further
north on South Saint Vrain Avenue, the proposed residential use is consistent
with the intent of Plan and Future Land Use Map.
The Comprehensive Plan has nine Guiding Principles for the Estes Valley.
Relevant principles include:
Balanced and managed growth that enhances quality of life, preserves
local character, conserves natural resources and wildlife habitat.
Housing opportunities sufficient to support a multigenerational, year-round
community.
Connected community linked locally and regionally by multi-modal
transportation options.
Relevant Goals and Policies from the Plan are listed below, followed by staff
analysis:
GOAL NE1: Maintain Estes Valley’s scenic character and viewsheds into
and within the Valley and Rocky Mountain National Park.
Policy NE 1.2: The Town and County ensure that new development
minimizes the impacts to visual quality within the Valley, including
viewsheds of the mountains and protection of dark skies.
Staff Analysis: Scenic character will be protected by adhering to required
landscaping requirements and dark sky lighting standards, and impact on
viewsheds will be minimized by adhering to maximum building height
limits. Additional building height is not a part of this rezoning request.
GOAL NE3: Protect wildlife and enhance biodiversity and ecosystems.
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NE 3.1 The Town protects existing native wildlife habitat and vegetation
communities by minimizing disturbance outside of the building envelope
and limiting fragmentation, except as required for wildfire protection.
NE 3.5 The Town and County work with landowners to prevent the
introduction, establishment, and spread of invasive species and eradicate
and control populations of established invasive species.
Staff Analysis: Impacts to wildlife will be limited by fencing restrictions,
non-native landscaping, and the presence of the Town-owned open space
south of the subject property and golf course to the west. As such, the
recognized east-west wildlife corridor in this area will be maintained.
GOAL BE1: Maximize public investment and the efficient delivery of public
services by strategically directing growth toward areas of existing
infrastructure, while recognizing necessary housing solutions will require
creative strategies with Environmental Justice as a foundational principle.
BE 1.1 The Town and County prioritize redevelopment and infill in areas
with existing transportation networks and available water/sewer
infrastructure.
BE 1.2 The Town and County ensure that new development minimizes the
impacts to visual quality within the Valley, including viewsheds of the
mountains and protection of dark skies.
BE 1.4 The Town encourages new development and redevelopment that
prioritizes active transportation such as walking, biking, public transit, and
ride-sharing in a pedestrian-scale environment.
Staff Analysis: This infill site is well served by existing infrastructure and
has good access to multimodal transportation options.
GOAL BE2: Promote protection of the environment by ensuring that
development is in harmony with its setting and provides equal and
meaningful opportunity to participate in the decision-making process to
achieve a healthy environment.
BE 2.1 The Town and County require that development preserve water
quality, ecological systems, and the natural features through sensitive site
design and minimal disturbance.
Staff Analysis: There is an inherent tension in meeting housing goals and
environmental preservation. New housing, no matter the density, will
always involve some disturbance to the natural environment. As is the
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case here, redeveloping an existing infill site at a higher intensity can
reduce these impacts compared to developing an undisturbed greenfield
site. The site does not contain sensitive environmental areas such as
wetlands, riparian areas, steep slopes, or habitat of threatened or
endangered species. As mentioned above, the site is in a high use area
for Elk and limitations on fencing and non-native landscaping apply. The
Town-owned open space to the south also helps mitigate impacts to elk
habitat and movement as it will be preserved in perpetuity, providing a link
between the golf course and areas around Prospect Mountain. Water
quality can be addressed by on-site stormwater treatment, although the
EPDC does not require this.
GOAL BE3: Encourage a balanced mix of uses that meets the diverse
needs of residents, businesses, and visitors.
BE 3.1 The Town and County implement the Future Land Use Categories to
allow a variety of compatible land uses with higher intensity and density
uses concentrated within the Estes Park town limits.
BE 3.2 The Town and County provide appropriate transition between
varying intensity of uses and scales of development to minimize impacts
between adjacent developments.
Staff Analysis: Townhomes, especially workforce units, are needed to
serve residents. Compatibility and transition between uses is largely
mitigated by the site’s location with only one immediate neighbor. The site
has roads on two sides and Town-owned open space to the south. The
applicant has attempted to minimize impacts to the single-family home to
the north by shifting the development as far south as possible, providing a
teen foot wide landscape buffer, with three to four evergreen trees per lot,
plus shrubs, and moderate building height (25’).
The applicant conducted a shadow study to determine the impacts of the
proposed development on the home to the north, as seen in Attachment 5.
The study indicates shadows would be cast on the property to the north,
but not the house itself, during the winter.
GOAL BE 5: Coordinate and integrate land use and transportation
objectives.
BE 5.1 The Town and County coordinate land use and development
decisions with the capacity of the transportation system and plans for
future transportation improvements.
BE 5.2 The Town emphasizes efforts to reduce regional vehicle miles
traveled by supporting land use patterns and site designs that promote
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active modes of transportation, including walking, biking, and public
transit.
Staff Analysis: The proposed development has been reviewed by CDOT
and Public Works. The transportation system has adequate capacity to
support the proposed development. The Traffic Study indicates the
proposed use will generate very low traffic (less than 6 peak hour trips)
and not create negative impact on the public roadway system. The
location of this development as infill with good multimodal connections will
facilitate active modes of transportation.
GOAL H1: Ensure new housing meets the needs of the workforce and
families.
H 1.1 The Town and County encourage stable, long-term rental
opportunities.
H 1.2 The Town enables opportunities that give the workforce, families, and
fixed-income individuals a path to homeownership.
Staff Analysis: Increasing the housing supply, especially deed restricted
workforce units, can help meet the needs of the workforce.
GOAL H2: Create new housing opportunities.
T H 2.2 The Town allows infill and redevelopment that provides more
housing with a focus to increase workforce and affordable options for all
income levels.
T H 2.3 The Town uses development bonuses and other tools to incentivize
deed-restricted affordable workforce housing.
Staff Analysis: The proposed rezoning will create new housing
opportunities by allowing redevelopment of the site, with a focus on
workforce housing.
The proposed development would be compatible and consistent with existing
growth and development patterns in the Estes Valley and the more immediate
vicinity. The surrounding area is predominately residential, with a range of
densities and development types (single family, townhomes, apartments, etc.)
The proposed density of 11 dwelling units per acre falls in the middle of the range
of densities that exist in the surrounding area. Density of the surrounding area
ranges from 2.5 dwelling units per acre for the neighborhood just west of South
Saint Vrain to 18 dwelling units per acre at the Eagles Landing Condos to the
south. Additional densities can be seen in the map below.
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Staff Finding: The proposed rezoning is compatible and consistent with the
policies and intent of Estes Forward Comprehensive Plan, as well as existing
growth and development patterns nearby and throughout the area.
Surrounding Density
3. The Town, County or other relevant service providers shall have the ability
to provide adequate services and facilities that might be required if the
application were approved.
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Staff Finding: No comments from service or utility providers expressed opposition
to the rezoning or an inability to provide adequate services and facilities.
Disadvantages:
As outlined below, numerous public comments have been received expressing
concerns about increased traffic and congestion, impacts on wildlife, aesthetic
concerns, and quality of life. However, staff’s analysis is that the proposal meets the
applicable review criteria of EPDC Section 3.3. Additionally, the proposal mitigates
some of the concerns expressed by the neighborhood through the following:
• limiting the buildings to two stories in height rather than three
• limiting the development to 10 units rather than the 15 which would be
allowed under full use of the workforce housing density bonus
• addressing safety concerns by providing vehicular access from
Community Drive, a street with lower traffic volumes and speeds, rather
than South Saint Vrain Avenue
• prohibiting cut-through traffic from South Saint Vrain Avenue to
Community Drive
• providing 10 guest parking spaces for a total of 30 spaces, which exceeds
the minimum of 20 spaces, to avoid parking impact to the neighborhood
• ensuring shadows will not be cast on the neighboring house
• providing landscape buffers around the perimeter of the property
• restricting fencing and non-native plants to address wildlife impacts
By conditioning the rezoning approval on general conformance with the conceptual site
plan, consistency with the items above will be required with the Subdivision Plat and
Development Plan.
Level of Public Interest:
High. A neighborhood and community meeting regarding the rezoning project was held
on-site on April 10, 2024. A summary of the meeting is enclosed.
In accordance with the notice requirements in the EPDC, notice of the Planning
Commission meeting was published in the Estes Park Trail-Gazette, on November 1,
2024. Notice was mailed to all required adjacent property owners on November 1, 2024.
Extensive public comments have been received on this request and can be viewed at
estes.org/currentapplications. Comments are summarized as follows:
1. Increased Traffic and Congestion: Many commentors believe that adding 10
units will significantly increase traffic on Community Drive and South Saint Vrain
Avenue.
2. Impact on Wildlife: Several comments mention that the area is a crucial
migration route for elk and deer and that the proposed development would
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disrupt these routes, potentially leading to more wildlife-vehicle collisions and
negatively affecting the local ecosystem.
3. Aesthetic Concerns: Some comments argue that the development would ruin
the natural beauty and open space that Estes Park is known for. They fear that
the new buildings would be unsightly and not in harmony with the existing single-
family homes.
4. Housing Affordability: There is skepticism about the affordability of the
proposed units, with some comments that similar developments have resulted in
high rents that are not affordable for the local workforce. They argue that the
proposed units would not meet the actual housing needs of Estes Park workers.
5. Quality of Life: Some view the proposal as incompatible with the current
character of the neighborhood. Some comments mentioned concern about losing
sunlight, privacy, and the overall peaceful environment.
Recommendation:
Staff recommends Planning Commission forward to Town Board a recommendation of
approval of the proposed Zoning Map Amendment subject the following condition and
findings of fact:
Condition:
Applications for a Development Plan and Subdivision are required for the development
of the site and shall be generally consistent with the conceptual site plan.
Findings of Fact:
1. The Planning Commission is the Recommending Body for the Zoning Map
Amendment.
2. The Town of Estes Park Board of Trustees is the Decision-Making Body for the
Zoning Map Amendment.
3. The application complies with Estes Park Development Code Section 3.3D
“Standards for Review.”
4. The application has been submitted to all applicable reviewing agency staff for
consideration and comment. No comments indicated an inability to provide adequate
services and facilities.
Sample Motions for the Zoning Map Amendment:
1. I move to forward a recommendation of approval to the Town Board of Trustees
of the Zoning Map Amendment application, in accordance with the findings of
fact and condition outlined in the staff report.
2. I move to continue the Zoning Map Amendment application to the next regularly
scheduled meeting, finding that … [state reasons for continuing].
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3. I move to forward a recommendation of denial to the Town Board of Trustees of
the Zoning Map Amendment application, finding that … [state reasons for
recommendation of denial].
Attachments:
1. Application
2. Statement of Intent
3. Rezoning Map
4. Conceptual Site Plan
5. Conceptual Building Elevations
6. Neighborhood Meeting Summary
7. Traffic Memo
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Revised 20 NV
Condominium Map
Preliminary Map
Final Map
3UH$SS
Development Plan
Special Review
Preliminary Subdivision Plat
Final Subdivision Plat
Minor Subdivision Plat
Amended Plat
Project Description
Lot Size Area of Disturbance in Acres
Proposed Land Use
Town Well None
Town Well None
Existing Sanitary Sewer Service EPSD UTSD Septic None
Proposed Sanitary Sewer Service EPSD UTSD Septic
Is a sewer lift station required? Yes No
Existing Gas Service Other None
Existing Zoning Proposed Zoning
Yes No
Name of Primary Contact Person
Complete Mailing Address
Primary Contact Person is Owner Applicant Consultant/Engineer
Existing Land Use
Existing Water Service
Attachments
Proposed Water Service
No
Site Access (if not on public street)
Are there wetlands on the site?Yes
Site staking must be completed DVUHTXLUHGUHTXHVWHGE\3ODQQHU.
Complete?
Please review the Estes 3DUN Development Code Appendix B for additional submittal requirements, which
may include ISO calculations, drainage report, traffic impact analysis, geologic hazard mitigation report,
wildfire hazard mitigation report, wetlands report, and/or other additional information.
Project Address
Parcel ID #
Legal Description
General Information
Boundary Line Adjustment
ROW or Easement Vacation
Street Name ChangeTime
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Project Name
Supplemental Map
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APPLICATION
Type of Application
Submittal Date:
Site Information
Application fee
Statement of intent
copies (folded) of plat or plan
11" X 17" reduced copy of plat or plan
Xcel
Primary Contact Information
Community Development Department Phone: (970) 577-3721 I Fax: (970) 586-0249 I www.estes.org/CommunityDevelopment
Town of Estes Park I P.O. Box 1200 I 170 MacGregor Avenue I Estes Park, CO 80517
Other (specify)
Other (specify)
Digital Copies of plats/plans in TIFF or PDF format emailed to
planning@estes.org
3/($6(&+(&.21/<21(%2;
6LJQ3XUFKDVH
St. Vrain Townhomes
Townhome Development for Workforce Housing
860 South St. Vrain
Lot 18 Bonnie Brae Add, Estes Park
2530406018
41,029 sq ft (.94 acres)<1 acre
Single Family Home with detached shed
RM - Multi Family Residential w/ Workforce density increase
E-Estate RM- Multi-Family
Steve Lane - Bas1s Architecture P.C.
1692 Big Thompson Ave, #100 Estes Park, CO 80517
3/20/2024
✔
✔
19
Revised 20NV
Consultant/Engineer
PLEASE PRINT:
PLEASE PRINT:
Date
DateApplicant
Record Owner
Applicant
Fax
Names:
Email
Article 65.5 of Title 24 of the Colorado Revised Statutes requires applicants for Development Plans, Special Reviews,
Rezoning, Preliminary and Final Subdivision Plats, Minor Subdivision Plats if creating a new lot, and Preliminary and Final
Condominium Maps to provide notice of the application and initial public hearing to all mineral estate owners where the surface
estate and the mineral estate have been severed. This notice must be given 30 days prior to the first hearing on an application
for development and meet the statutory requirements.
Phone
Cell Phone
Mailing Address
Applicant
Fax
Phone
Email
Contact Information
Phone
Cell Phone
Cell Phone
Mailing Address
Mailing Address
Record Owner(s)
Email
Signatures:
Fax
I hereby certify that the provisions of Section 24-65.5-103 CRS have been met.
MINERAL RIGHT CERTIFICATION
APPLICATION FEES
For development within the Estes 3DUN Town limitsSee the fee schedule included in
your application packet or view the fee schedule onlineDW
ZZZHVWHVRUJSODQQLQJIRUPV
$ll requests for refunds must be made in writing.All fees are due at the time of submittal.
Record Owner
Charles Santagati
1191 Graves Ave, Estes Park, CO 80517
970-586-1685
glaciercreekinc@gmail.com
Charles Santagati
1191 Graves Ave, Estes Park, CO 80517
970-586-1685
glaciercreekinc@gmail.com
Bas1s Architecture P.C.
1692 Big Thompson Ave Suite 100
970-586-9140
steve@bas1s.com
Charles Santagati
Charles Santagati
20
Revised 20NV
Ź
Ź
Ź
Ź
Ź
Ź
Ź
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Ź
PLEASE PRINT:
PLEASE PRINT:
Date
Date
APPLICANT CERTIFICATION
I understand that this proposal may be delayed in processing by a month or more if the information provided is
incomplete, inaccurate, or submitted after the deadline date.
I understand that acceptance of this application by the Town of Estes Park for filing and receipt of the application fee by
the Town does not necessarily mean that the application is complete under the applicable requirements of the E3DC.
http://www.estes.orJDevCode
Record Owner
Applicant
Signatures:
I grant permission for Town of Estes Park Employees and Planning Commissioners with proper identification access to
my property during the review of this application.
I acknowledge that I have received the Estes 3DUN Development Review Application Schedule and that failure to meet
the deadlines shown on said schedule may result in my application or the approval of my application becoming null and
void. I understand that full fees will be charged for the resubmittal of an application that has become null and void.
I understand that a resubmittal fee will be charged if my application is incomplete.
The Community Development Department will notify the applicant in writing of the date on which the application is
determined to be complete.
Record Owner
Applicant
I hereby certify that the information and exhibits herewith submitted are true and correct to the best of my knowledge
and that in filing the application I am acting with the knowledge and consent of the owners of the property.
Names:
In submitting the application materials and signing this application agreement, I acknowledge and agree that the
application is subject to the applicable processing and public hearing requirements set forth in the Estes 3DUN
Development Code (E3DC).
I acknowledge that I have obtained or have access to the E3DC, and that, prior to filing this application, I have had the
opportunity to consult the relevant provisions governing the processing of and decision on the application.
The Estes 3DUN Development Code is available online at:
21
860 S. St Vrain Ave
Townhome-Workforce Housing Re-Zoning
Statement of Intent
March 20, 2024
Revised October 22, 2024
Project Location
The proposed project is located at 860 S. St Vrain Avenue in Estes Park. The property legal description is
Lot 18, Bonnie Brae Subdivision, totaling 0.98 acres: parcel number 2530406018. The current zoning is E-
Estate. The property is currently developed with a one-story single family structure. This proposal is to re-
zone the property to RM – Residential Multi-family.
Owner
The property is owned by Charles Santagati. Centennial Lending is a lienholder on the property.
Project Description
The owner is seeking to re-zone the property to RM Residential Multi-family in order to provide additional
much needed housing in Estes Park, particularly for-sale housing units for full-time community members.
The proposal would be to re-plat the property to allow for ten (10) 3-bedroom townhome units, of which
six (6) units would permanently deed restricted as workforce housing. Note that the full 200% density
bonus that is permitted in 11.4 of the EVDC is not being requested as, on this property, that would result
in an end product that would not be appropriate for this site given the townhome design.
Multi-family zoning is directly adjacent to the south and is common in this area. The proximity to the
school district, hospital and commercial areas to the north, along with the connection with the St Vrain
multi-use trail makes this an excellent candidate for multi-family.
22
Review Criteria
Per Section 3.3.D there are three main criteria for reviewing zoning map amendments
1. The amendment is necessary to address changes in conditions in the areas affected:
The primary condition change is the overarching need to supply affordable housing in the
Estes Valley. This map amendment is consistent with surrounding zoning development.
2. It is compatible and consistent with the intent of the Comprehensive Plan and with existing
growth and development patterns in the Estes Valley
The updated Comprehensive Plan indicates this area as a mixed use corridor, the zoning for
which does not currently exist in the EVDC. Since this property is on the southern edge of the
areas indicated as mixed use. It is much more likely for mixed use projects to be developed
in the more commercial areas of the Hwy 7 corridor.
This proposal is consistent with growth/development patterns involving the incentivization
of affordable housing in core areas.
3. Service providers have the ability to provide adequate services.
All required services are either directly adjacent to the property or can be
provided/extended easily.
Site Access and Parking
Access to the property is currently from South St Vrain Ave on the west, but will shift to Community Drive
on the east. A new private drive, designed to Estes Park street standards, would bisect the site, however
the South St Vrain (Hwy 7) access would be limited to Emergency Vehicle Only. This is a change from the
original submission made a result of neighborhood feedback concerned about the use of the new private
drive as a ‘shortcut’ between Hwy 7 and Community.
Per 7.11.D off-street parking requirements two parking spaces per unit are required. These are provided
in two-car garages attached to each unit. Additionally, one site space is provided per unit.
Pedestrian/Bike Access
The project is well connected via the St Vrain multi-use trail.
Infrastructure/Utilities
Utility service is provided via service lines from existing utility mains adjacent to the project site.
Electrical and water service is provided by the Town of Estes Park. Fire suppression would be
provided in the new buildings, served from the existing water line in S St Vrain Avenue.
Sanitary sewer services are provided by Upper Thompson Sanitation. As noted in the pre-
application a main extension will be required from the south.
Gas is provided by Xcel energy.
Stormwater + Drainage
Historically, stormwater runoff drains toward the east and into Community Drive. Per Public works initial
comments, curb and gutter will be required along both streets. Detension is not likely to be required,
however a water quality/infiltration pond will be provided at the southeast corner of the property. Full
drainage design, reporting and details would be provided with the full development plan submittal.
Traffic
A traffic memo has been prepared as part of the application and indicates no adverse impact to adjacent
streets.
23
Fire Protection
A fire hydrant exists at the west edge of the property along S St Vrain Ave. It will require a minor
relocation to accommodate the private street entry. All buildings will be provided with fire suppression
(NFPA 13D systems). Hwy 7/South St Vrain access point will be improved and maintained to allow
emergency vehicles access to the site per the International Fire Code.
Lighting
Lighting will be limited to building entries and balconies and will be dark sky compliant. There is no site
lighting anticipated.
Landscaping
Landscaping buffers would be required along both streets and the north line (a district boundary) per
Section 7.5. Existing landscaping in these buffer areas would be scheduled to be protected. A detailed
landscaping plan would be provided in a full development plan submittal.
Neighborhood Meeting
A neighborhood meeting was held on April 10, 2024. Minutes of the meeting have been provided.
Schedule
Upon approval of the re-zoning, a full development plan submittal will be prepared for application to the
Planning Department.
Hazards
There are no mapped hazards on this property, nor are there any wetlands or floodplain areas.
Variances/Waviers
As a result of comments from staff during the review, the entire proposed development was pushed south
on the property, in order to provide a larger buffer for the property to the north. A variance to the
allowable setback encroachment for on-grade patios per EPDC 1.6.d.1.b(4) to allow the southern units to
maintain a 10’ patio is being requested. The requested is an increase of 25% - from 3’ (30% of 10’) to 3’-9”
- which can be granted by the Planning Commission.
The applicant does also request that the requirement to submit a full development plan package be
waived as part of a re-zoning request, due to the significant time and financial resources required to
commit to an uncertain result. If the re-zoning request is approved, the application would then prepare a
full development plan for review by staff.
Respectfully submitted,
Steve Lane, AIA
BAS1S Architecture PC
24
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27
860 S St Vrain - Neighborhood Meeting Notes
A public meeting regarding the rezone application for 860 S St. Vrain was held on Wednesday, April 10th, at
5:00 pm on-site. Twenty-four citizens signed in attendance. The following is a summary of the discussion:
1. Concerns were raised about wildlife corridors. Citizens questioned the impact of the development on
elk movements. There were worries about the use of the open space to the south by new tenants and its
effect on local wildlife. There was mention of a research study by a university on the open space lot. Paul
Brown suggested it was about cheatgrass, although details were unclear.
2. A citizen expressed concerns that as many as twenty tourist vehicles park on Community Drive and
view elk on the golf course and questioned the potential increased traffic and how it might affect the area.
3. A citizen expressed concern that tourists would use the new street serving the proposed development
and made suggestions for traffic calming measures like signs and speed bumps.
4. Questions were raised about the height of the buildings. The response was they would be two-story,
similar to the existing Trail Ridge apartments located at the SW corner of Community Drive and Hwy 7.
5. Concerns were voiced about pedestrian safety, particularly for children walking to school. The
response was that sidewalks and existing routes, such as the existing Hwy 7 bike path adjacent to the
property, could be used.
6. A citizen stated that two newly built single family dwellings on Hwy 7 “f----- ruined the neighborhood”
7. There were questions about the possibility of obtaining a density bonus for "workforce housing" and
discussions about the affordability of such homes for local workers. Clarification was requested on whether
the project qualified for tax credits; the response being that it was classified as "workforce" in the EPDC.
8. A citizen criticized a nearby large-scale development, and believes it a mistake partly because the
cheapest unit is $1,600 a month which the citizen believes is not affordable. The response was there is a need
for housing in the area and mentioned the ongoing construction of 93 units elsewhere and the estimated need
is approximately 2000 units.
9. Questions were asked about the timeline for the project and the next steps. The response was that the
project was currently under review and the timeframe would depend on the duration of the rezone and
development review processes, and that the next step would involve review by the town board.
10.A citizen asked if there would be stormwater management. The response was stormwater
management would be engineered based on site demands.
28
This document, together with the concepts and recommendations presented herein, as an instrument of service, is intended only for the
specific purpose and client for which it was prepared. Reuse of and improper reliance on this document without written authorization from
Kellar Engineering LLC shall be without liability to Kellar Engineering LLC.
Glacier Creek St. Vrain Development
860 S. St. Vrain Avenue, Estes Park, CO
Traffic Memo
KE Job #2024-027
Prepared for:
Glacier Creek Construction Inc.
1191 Graves Ave.
Estes Park, CO 80517
Prepared by:
skellar@kellarengineering.com
970.219.1602 phone
October 22, 2024
Sean K. Kellar, PE, PTOE
29
Glacier Creek St. Vrain - Traffic Memo -Page 2
1.0 Introduction
The purpose of this Traffic Memo is to evaluate the proposed traffic generated by the
proposed Glacier Creek St. Vrain Development project located at 860 S. St. Vrain
Avenue in Estes Park, CO.
2.0 Proposed Development
This Traffic Memo is for the proposed Glacier Creek St. Vrain Development project
located at 860 S. St. Vrain Avenue in Estes Park, CO. The proposed project consists of
10 multi-family (low rise) dwelling units. See Figure 1: Vicinity Map and Figure 2: Site
Plan.
3.0 Trip Generation
Site generated traffic estimates are determined through a process known as trip
generation. Rates and equations are applied to the proposed land use to estimate traffic
generated by the development during a specific time interval. The acknowledged source
for trip generation rates is the Trip Generation Report published by the Institute of
Transportation Engineers (ITE). ITE has established trip generation rates in nationwide
studies of similar land uses. Per the ITE, the proposed project is anticipated to generate
approximately 67 daily trips, 4 AM total peak hour trips, and 5 PM total peak hour trips.
See Table 1: Trip Generation.
30
Glacier Creek St. Vrain - Traffic Memo -Page 3
Figure 1: Vicinity Map
r
31
Glacier Creek St. Vrain - Traffic Memo -Page 4
Figure 2: Site Plan (For reference only. Provided by Architect. See Architectural Drawings for more information)
32
Glacier Creek St. Vrain - Traffic Memo -Page 5
Table 1: Trip Generation (ITE Trip Generation, 11th Edition)
ITE
Code Land Use Average Daily Trips AM Peak Hour Trips PM Peak Hour Trips
Size Rate Total Rate % In In % Out Out Total Rate % In In % Out Out Total
220 Multifamily (Low-Rise) 10 DU 6.74 67 0.40 24% 1 76% 3 4 0.51 63% 3 37% 2 5
Total 67 1 3 4 3 2 5
DU = Dwelling Units
33
Glacier Creek St. Vrain - Traffic Memo -Page 6
Figure 3: Trip Distribution
34
Glacier Creek St. Vrain - Traffic Memo -Page 7
Figure 4: Site Generated Traffic
35
Glacier Creek St. Vrain - Traffic Memo -Page 8
4.0 Findings
Based upon the review of the project’s trip generation and access, it can be determined that the
proposed use is feasible. The site access, proposed land use, and size is appropriate from a traffic
engineering perspective. The project’s site generated traffic is very low (less than 6 peak hour
trips) and the project will not create a negative traffic impact upon the public roadway system. See
Table 1: Trip Generation.
The Highway 7 access point (site access #1) will be designated for emergency vehicle access only
with no public or private vehicular access. Additionally, the auxiliary lane analysis for the study
intersections were conducted using CDOT State Highway Access Code (SHAC). Based upon the
SHAC for NR-B roadways, a left-turn lane with storage length plus taper length is required at an
intersection with a projected peak hour ingress turning volume greater than 25 vph, and a right-turn
deceleration lane with storage length plus taper length is required at an intersection with a
projected peak hour ingress turning volume greater than 50 vph.
Based upon the projected traffic of the development, the State Highway Access Code (SHAC),
additional auxiliary lanes are not required for the project.
36
Glacier Creek St. Vrain - Traffic Memo -Page 9
APPENDIX:
37
Glacier Creek St. Vrain - Traffic Memo -Page 10
TIS Base Assumptions (TIS Scoping) Form
38
Glacier Creek St. Vrain - Traffic Memo -Page 11
Aerial Image
39
Sean Kellar, PE, PTOE
Principal Engineer
Education
B.S., Civil Engineering, Arizona State
University – Tempe, AZ
Registration
Colorado, Professional Engineer (PE)
Wyoming, Professional Engineer (PE)
Idaho, Professional Engineer (PE)
Arizona, Professional Engineer (PE)
Kansas, Professional Engineer (PE)
Missouri, Professional Engineer (PE)
Professional Traffic Operations Engineer
(PTOE)
Professional Memberships
Institute of Transportation Engineers
(ITE)
Industry Tenure
25 Years
Sean’s wide range of
expertise includes:
transportation plan-
ning, traffic modeling
roadway design, bike
and pedestrian facili-
ties, traffic impact
studies, traffic signal
warrant analysis, parking studies, corridor planning
and access management. Sean’s experience in both the
private and public sectors; passion for safety and ex-
cellence; and strong communication and collaboration
skills can bring great value to any project. Prior to
starting Kellar Engineering, Sean was employed at the
Missouri Department of Transportation (MoDOT) as
the District Traffic Engineer for the Kansas City
District. Sean also worked for the City of Loveland,
CO for over 10 years as a Senior Civil Engineer
supervising a division of transportation/traffic
engineers. While at the City of Loveland, Sean
managed several capital improvement projects,
presented several projects to the City Council and
Planning Commission in public hearings, and managed
the revisions to the City’s Street Standards. Sean is
also proficient in Highway Capacity Software,
Synchro, PT Vissim, Rodel, GIS, and AutoCAD.
WORK EXPERIENCE:
Kellar Engineering, Principal Engineer/President – January 2016 – Present
Missouri Department of Transportation, District Traffic Engineer, Kansas City District – June
2015 – January 2016
City of Loveland, Colorado, Senior Civil Engineer, Public Works Department – February 2005 –
June 2015
Kirkham Michael Consulting Engineers, Project Manager - February 2004 – February 2005
Dibble and Associates Consulting Engineers, Project Engineer – August 1999 – February 2004
40
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Estes Park Municipal Code & Estes Park Development Code
Vacation Home and Bed & Breakfast Regulations
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Updated 2022-04-26
Estes Park Municipal Code
5.20.110 Additional provisions for vacation homes and bed and breakfast inns.
(a) Business license application requirements.
(1) A business license for a vacation home or a bed and breakfast inn has also been known as an
annual operating registration or an operating permit. All such terms refer to the same approval,
which is a license from the Town to conduct such activities, valid for a single year.
(2) Local representative.
a. Vacation homes. The application for a business license for any vacation home shall
designate a local resident or local property manager residing within either the Estes Valley
Recreation and Park District boundary or the Estes Park School District R-3 boundary, who
can be contacted by telephone and is available when the vacation home is rented, regarding
any violation of the provisions of this Section. The person set forth on the application shall
be the representative of the owner for immediate violation resolution purposes with regard
to the operation of the vacation home. The local representative may be the same person as
the property owner but shall provide a different address than the vacation home where the
homeowner shall reside while the vacation home operates.
b. Bed and breakfast inns. The application for a business license for any bed and breakfast
inn shall designate the resident owner or on-site manager residing on the premises who
can be contacted and is on the property twenty-four (24) hours per day when the bed and
breakfast is in operation, regarding any violation of the provisions of this Section. The
person set forth on the application shall be the representative of the owner for immediate
violation resolution purposes with regard to the bed and breakfast inn.
(3) Acknowledgment of regulations. A business license for a vacation home or bed and breakfast
inn shall not be valid unless the property owner, and the designated local contact described in
paragraph (2), above (if different), sign the business license application acknowledging all
applicable vacation home or bed and breakfast inn regulations.
(4) License completion deadline. The Town Clerk issues registration packets upon finding that the
business license application form is complete and, if the property is in a residential zone, that
the property is eligible to proceed from any waitlist to licensure, based on the cap described in
Subsection (b), below. All requirements of the registration packet, including successful
completion of all required inspections, must be completed and submitted within ninety (90) days
from issuance of the packet from the Town Clerk, except for the life safety inspection as
described in paragraph (8) below. Registration packets not submitted and complete, as
determined by the Town Clerk, within those ninety (90) days shall be void, as shall be the
application itself. A new application may be made if this Section allows.
a. Reapplication Fee. Where a home has been the subject of a void application for lapse of
this ninety (90) day deadline, and another application is submitted for the same home within
two (2) years of the lapse, in addition to the license fee a reapplication fee must be submitted
with the reapplication which shall be equivalent to the business license fee for the vacation
home or bed and breakfast inn as enumerated in Section 5.20.030, but not including the
vacation home workforce housing regulatory linkage fee.
(5) No more than one (1) business license shall be issued and effective in any given calendar year
for each vacation home or bed and breakfast inn.
(6) State sales tax license. A condition of issuance of the license shall be proof of a current sales
tax license, provided by the applicant.
(7) Compliance inspection. To be issued a license, a vacation home or bed and breakfast inn must
first undergo and pass a compliance inspection to ensure compliance with this Code and the
regulations of the Development Code.
(8) Life safety inspection.
a. Requirement. To be issued a license, a vacation home or bed and breakfast inn must first
undergo and pass a life safety inspection or other required building inspection, as
applicable, and receive a certificate of occupancy that allows for such use, such as
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described in Section 14.12.025 of this Code, section R327 of the International Residential
Code as amended.
b. Deadlines. If no such certificate of occupancy has been issued at the time the Town Clerk
issues the registration packet as described in paragraph (4) above, the following deadlines
shall apply:
1. The applicant must request the life safety inspection building permit from the Building
Division, in the form and manner set by the division, within thirty (30) days of the
issuance of the registration packet from the Town Clerk.
2. Upon issuance of the life safety inspection building permit, the applicant must complete
an initial life safety inspection within thirty (30) days.
3. The applicant must complete and pass a final life safety inspection and obtain a
certificate of occupancy that allows for the proposed use within ninety (90) days of the
initial life safety inspection.
c. Lapse. Failure to meet any of these deadlines shall automatically cause the application to
lapse, and be void. A new application may be made if this Section allows.
1. Reapplication Fee. Where a home has been the subject of such a lapse, and another
application is submitted for the same home within two (2) years of the lapse, in addition
to the license fee a reapplication fee must be submitted with the reapplication which
shall be equivalent to the business license fee for the vacation home or bed and
breakfast inn as enumerated in Section 5.20.030, but not including the vacation home
workforce housing regulatory linkage fee.
d. Early inspection. Nothing in this Section shall prevent an applicant from requesting,
undergoing, or completing the life safety inspection or receiving the necessary certificate of
occupancy before the application is made or the registration packet is issued.
(9) Neighbor notification. Prior to issuance of an initial or transferred annual business license for a
vacation home or bed and breakfast inn, the owner or local representative shall be responsible
for mailing a written notice.
a. Notice shall be mailed, with certificate of mailing or other method as approved by staff, to
the owners of properties within one hundred (100) feet of the boundary of the subject
property.
b. Notices shall provide property address and 24/7 hotline phone number.
c. Proof of mailing shall be provided to the Town Clerk prior to issuance of an initial or
transferred annual business license.
(b) Residential zone vacation home cap.
(1) Vacation home licenses in residential zoning districts (designated for the purposes of this
Section as zoning districts E, E-1, R, R-1, R-2, RE, and RM) shall be held at a maximum total
("cap") of three hundred twenty-two (322) licenses in effect at any given time. This cap shall be
reviewed annually by the Town Board, in or near the month of April. Applications received at any
time such that their approval would cause the cap to be exceeded shall be held and kept on file
in the order they are received and deemed complete by the Town Clerk's Office. Applications
held on such list (the "waitlist") shall be issued during the calendar year as licenses may become
available. However, notwithstanding the foregoing, only applications received and deemed
complete by the Town Clerk's Office by October 12, 2021 shall be included in the waitlist and be
eligible for a license. The Town Board intends to establish further provisions regarding
applications for licenses for vacation homes in residential zoning districts received or deemed
complete after that date. Until provisions to the contrary are established, no application for a
license for a vacation home in a residential zoning district that was received by the Town Clerk's
Office after October 12, 2021 shall be valid. Such applications shall be of no force or effect.
(2) Vacation homes in non-residential zoning districts (designated as all zoning districts except
those enumerated in the preceding subsection) shall not be included in or subject to this cap.
(c) Transfer of business licenses and changes to local representatives.
(1) Transfer.
a. Transferable licenses. An active license for a specific vacation home or bed and breakfast
inn that is not residentially zoned or that has been operating continuously (by renewal,
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including any approved transfer) under the required license since prior to the October 18,
2021 effective date of Ordinance 13-21 of the Town of Estes Park shall be transferable to
a different owner in accordance with procedures in this Code, including paragraph (3)
below, and in the form and manner established by the Town Clerk's Office.
b. Other licenses. Licenses for vacation homes and bed and breakfast inns not addressed in
subparagraph (a) above are not transferrable to any person upon sale or other transfer of
ownership of the property. Upon such sale or transfer of ownership, the license shall
terminate automatically and the new owner of the property shall apply for a vacation rental
license if it wishes to continue the use of the property as a vacation rental. Such application
shall be subject to any applicable waitlist.
(2) Not transferable to different home. A license assigned to a vacation home or bed and breakfast
inn shall not be transferred to another location of the same or different ownership.
(3) Application required upon transfer. If the property owner changes during the annual period for
which the vacation home or bed and breakfast inn has been licensed, and the license is eligible
for transfer as described in paragraph (1) above, a new property owner of record must file an
application to transfer the license into their name within thirty (30) days of transfer of ownership,
and must ensure the vacation home or bed and breakfast inn is in compliance with all other
Town regulations. Properly filing a complete application within such time shall automatically
extend the license, under the new ownership, until such time that the Town acts on the transfer
application.
a. Transfer fee. An application to transfer a license must include a transfer fee payment
equivalent to the business license fee for the vacation home or bed and breakfast inn as
enumerated in Section 5.20.030, but not including the vacation home workforce housing
regulatory linkage fee if that has already been paid for the home for the calendar year. The
Town Clerk issues transfer registration packets substantially the same as described in
Subsection (a)(4) above, which must be completed within the same deadline or the
application shall similarly lapse. Any reapplication for transfer allowed by this Section would
be subject to the same reapplication fee.
(4) Notification of change in local representative. If the local representative changes during the
calendar year, the property owner must notify the Town Clerk within fifteen (15) days of change,
and must ensure the new local representative is knowledgeable of all applicable regulations for
the vacation home or bed and breakfast inn.
(d) Renewal.
(1) Business licenses for vacation homes in residential zoning districts that are deemed active as of
December 31 in any given year shall have priority for renewal in the following calendar year over
any new applications for business licenses for vacation homes in residential zoning districts,
provided a renewal for said active registration is received and deemed complete and proper, all
required inspections passed, and fees paid by January 31 of the renewal calendar year. Priority
for renewal shall not otherwise be afforded, and shall not be afforded where an uncured violation
of Town regulations for the vacation home is ongoing in the determination of the Town Clerk.
When priority for renewal is not afforded, an application for renewal of a license for a vacation
home in a residential zoning district shall be void, the term of the license shall expire of its own
accord, and the license shall be considered automatically to have expired and terminated without
any further action necessary by the Town.
(2) Issuance of a license for a vacation home or bed and breakfast inn shall not constitute a zoning
entitlement for a property's use therefor, nor shall absence of a license for a vacation home or
bed and breakfast inn constitute removal or abrogation of a property's zoning permissibility for
such use. However, both appropriate zoning permission and compliance and a valid current
business license shall be necessary elements in order for operation as a vacation home or bed
and breakfast inn to occur.
(3) A business license for a vacation home or bed and breakfast inn must be renewed on an annual
basis. A business license does not convey a right to continue operation as a vacation home or
bed and breakfast inn in future years. When the term of an annual license expires, and the
license has not been properly renewed, the license shall be considered automatically to have
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expired and terminated without any further action necessary by the Town. All provisions under
this Section, including those describing priority for renewal, transferability of licenses, continuity
of operations, and the residential cap, are subject to any future changes in state or local
regulations.
(e) Operating requirements.
(1) General requirements apply. Vacation homes and bed and breakfast inns must comply with all
other applicable Town regulations, including those found in the Estes Park Development Code
and building codes and regulations adopted under Title 14 of this Code.
(2) Postings.
a. Vacation homes and bed and breakfast inns in all zoning districts shall have a clearly legible
notice posted on-site. The posted notice shall be provided by the Town at the time the
registration packet is issued, shall be posted in a prominent location inside the vacation
home or bed and breakfast inn prior to or during the compliance inspection, and shall remain
posted in the same location for the duration of its use as a vacation home or bed and
breakfast inn. The posted notice shall include standard contents as determined and
approved by the Town Clerk.
b. Property line boundaries: Included in the posting, the property owner or local representative
shall inform all occupants of property boundaries.
c. The property owner or local representative shall include in all print or online advertising the
business license number in the first line of the property description.
d. Advertising shall accurately represent the allowed use of the property, including the
maximum number of allowed occupants.
(3) Number. Only one (1) vacation home or bed and breakfast inn shall be allowed per residential
dwelling unit. The number of vacation homes allowed on an individual lot of record may be
limited, based on all regulations in this Code, the Development Code, and other regulations as
may be applicable.
(4) Parking.
a. Minimum required off-street parking. Except in the CD Downtown Commercial Zoning
District, the number of off-street parking spaces available to a vacation home or bed and
breakfast inn shall not be less than two (2).
b. Maximum off-street parking—Residential zoning districts. The maximum number of vehicles
parked off-street on the vacation home or bed and breakfast inn property, and not parked
or stored in a fully enclosed garage, shall not exceed the number of bedrooms in the
vacation home.
c. Maximum off-street parking—Non-residential zoning districts. Maximum parking for
vacation homes and bed and breakfast inns in non-residential zoning districts shall be
regulated according to the parking standards applicable to "hotel, small" as described in
Section 7.11(D) of the Estes Park Development Code.
(5) Occupancy generally. All vacation homes and bed and breakfast inns are subject to the
occupancy limits adopted under Title 14, in addition to the maximums below. For the purpose of
this Section, occupancy shall not be counted differentially on the basis of age or status.
"Bedroom" and "sleeping room" are deemed equivalent terms to each other, and equivalent to
a sleeping space pursuant to building codes adopted under Title 14. Kitchen facilities shall be
limited to be consistent with single-family residential use. No kitchen facilities or cooking shall
be allowed in guest rooms, sleeping rooms or bedrooms.
(6) Occupancy for vacation homes.
a. Maximum occupancy in residential zoning districts: Eight or below. Except for nine-and-over
vacation homes that may be approved and registered under the provisions of this Code via
Large Vacation Home Review (LVHR) application, the maximum allowable occupancy for
an individual vacation home in a residential zoning district shall be eight (8) occupants.
Occupancy shall be further limited to a maximum of two (2) individuals per sleeping room
plus two (2) individuals per vacation home.
b. Maximum occupancy in residential zoning districts for large vacation homes. A residential
structure with four (4) or more sleeping rooms may apply for Large Vacation Home Review
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(LVHR) approval as a "nine-and-over vacation home," in accordance with the procedure
described in Section 5.1 of the Estes Park Development Code. The maximum occupancy
in a nine-and-over vacation home in a residential zoning district shall be as specified in the
LVHR terms of approval; provided that occupancy shall be limited to a maximum of two (2)
individuals per sleeping room plus two (2) individuals per vacation home.
c. Maximum occupancy in non-residential zoning districts. Occupancy shall be limited to a
maximum of two (2) individuals per sleeping room plus two (2) individuals per vacation
home in a non-residential zoning district. No overall maximum occupancy for a vacation
home in a non-residential zoning district shall be applicable, provided that the vacation
home is deemed to be in compliance with all building, fire, and health codes and that a valid
business license is in effect.
(7) Occupancy for bed and breakfast inns.
a. Maximum occupancy—Eight-and-under occupants. The maximum allowable occupancy
shall be limited by a maximum of two (2) guests per bedroom plus two (2) guests. The
maximum allowable occupancy for an individual bed and breakfast inn shall be eight (8)
occupants.
b. Maximum Occupancy—Nine-and-over occupants. A residential structure with four (4) or
more sleeping rooms may be permitted as a bed and breakfast inn if granted zoning
approval by special review in accordance with the S2 procedure described in the Estes Park
Development Code. The maximum occupancy in a nine-and-over occupant bed and
breakfast inn shall be as specified in the special review approval granted by the Town
Board; provided that occupancy shall be limited to a maximum of two (2) individuals per
sleeping room plus two (2) individuals per bed and breakfast inn.
c. One (1) bedroom must be assigned to the resident owner or on-site manager and therefore
not added to the maximum occupancy calculations in paragraphs (7)a. and (7)b. above.
(8) Number of parties.
a. Vacation homes in residential zone districts as those districts are defined in Subsection (b)
above shall be rented, leased or furnished to no more than one (1) party at a time, occupying
the vacation home as a single group. Owners of the vacation home shall not occupy the
vacation home while a party is present. All occupants shall be registered by name on or
before the time of the party's initial occupancy. The name registry shall be maintained by
the property owner, local representative or manager, and shall be made available to the
Town or any other appropriate regulatory entity upon request.
b. Bed and breakfast inns may be rented, leased or furnished to one (1) or more parties.
(9) Vacation homes and bed and breakfast inns, whether new or existing structures, shall be subject
to the exterior lighting requirements for new development as described in Section 7.9 of the
Estes Park Development Code.
(10) Vacation homes and bed and breakfast inns shall be subject to the wildlife protection
requirements as described in Chapter 7.20 of this Code.
(11)Vacation homes and bed and breakfast inns shall be subject to the requirements of the sign
code of Chapter 17.66 of this Code, and shall obtain sign permits as required.
(12)Employee housing units, attainable housing units, and workforce housing units, as defined and
regulated by the Estes Park Development Code, shall not be designated as vacation homes or
bed and breakfast inns.
(13)Vacation homes and bed and breakfast inns shall not be allowed on residential lots of record
containing an accessory dwelling unit as defined and regulated by the Estes Park Development
Code.
(14)In the CD Downtown Commercial zoning district, bed and breakfast inns shall not be located on
the ground floor of a building fronting on Elkhorn Avenue.
(15)Home occupations, as defined and regulated by the Estes Park Development Code, shall not
be operated on the site of a vacation home, nor shall vacation homes offer ancillary services to
guests. 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 offering
classes/workshops to guests, provided they are in character with residential use.
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(16)Meal service. Bed and breakfast inns may provide meal service to registered overnight guests.
(17)The owner of a bed and breakfast inn, or the on-site manager employed by the owner, must
reside on the premises at all times when the bed and breakfast inn is in operation.
(18)Use of solid fuel burning appliances located outside the fully contained portion of the residential
structure on vacation home and bed and breakfast inn properties, absent the presence and
oversight of the property owner or designated local representative, is prohibited. Solid fuel
burning appliances include but are not limited to fire pits, outdoor fireplaces, portable outdoor
fireplaces, portable fire pits, briquette or pellet burning grills, or similar devices. Use of gas
burning outdoor devices is not affected by this paragraph, but may be regulated by other state
and local laws, such as the ordinances of the Town and the adopted fire code.
(f) Enforcement.
(1) Violation. It is a violation of this Section for any owner, representative, guest or occupant of a
vacation home or bed and breakfast inn to be convicted, including a plea of no contest, of a
violation of Section 9.08.010 (disturbing the peace) of this Code, which violation occurs on the
premises of the vacation home; 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 breakfast inn; to
fail to comply with any provision of this Section; or to fail to acquire and pay for a business
license. The owner and the local representative of a vacation home shall be in violation of this
Section if any guest or occupant of the vacation home violates any provision of this Code,
including but not limited to Section 9.08.010 (disturbing the peace), the Estes Park Development
Code, or any other applicable law, regulation, rule, or order issued by a competent governmental
authority, or causes a nuisance as described in Title 8 of this Code, on the premises of the
vacation home. The owner and the local representative of a vacation home or bed and breakfast
inn shall be in violation of this Section if the vacation home or bed and breakfast inn does not
fully and strictly comply with the provisions of this Section, including provisions which this Section
references or notes that the vacation home or bed and breakfast inn is subject to. A violation
under Section 5.20.070 pertaining to a vacation home or a bed and breakfast inn shall also be
considered a violation of this Section and may be enforced as such. These are all strict liability
offenses.
(2) Remedies cumulative. Any action under this Section to enforce requirements for a vacation
home or bed and breakfast inn may be in addition to any other enforcement action(s) permitted
under this Section or under other federal, state or local laws, codes, or regulations.
(3) Property owners and local representatives shall be jointly and severally liable for all violations
under this Chapter attributable to either. Remedies for a violation may also be sought against
both a property owner and a local representative, cumulatively, where both are in violation of
this Chapter.
(4) Where any violation is a continuing offense, each day that the violation continues shall be
considered and held to be a separate and distinct offense.
(5) Fines.
a. Any person who shall be convicted of their initial violation of this Section shall be fined two
hundred fifty dollars ($250.00).
b. Any person who shall be convicted of their second violation of this Section occurring within
two (2) years of the initial violation shall be fined five hundred dollars ($500.00).
c. Any person who shall be convicted of their third violation of this Section occurring within two
(2) years of the second violation shall be fined one thousand dollars ($1,000.00).
d. Any person who shall be convicted of their fourth or subsequent violation of this Section
occurring within two (2) years of most recent prior violation shall be fined the maximum
amount permissible under Chapter 1.20.
e. Any person operating a vacation home or bed and breakfast inn without the applicable
license, in violation of Section 5.20.070, shall be fined the maximum amount permissible
under Chapter 1.20.
(6) Suspension and revocation. The Town may suspend or revoke the business license of any
vacation home or bed and breakfast inn for violation of the provisions of this Section as follows:
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a. The Town Clerk, upon the receipt and verification of any violation of this Section, may give
written notice to the owner or representative that a violation has occurred and warn of
potential future suspension and revocation. The Town Clerk may delegate this authority to
other Town staff, including a code enforcement officer.
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 a notice of violation and warning as set forth
in subparagraph (6)a. above, the Town Clerk may issue a notice of suspension of the
business license by giving written notice, by ordinary U.S. mail, to the owner or
representative of the suspension of the license. The notice of suspension is appealable as
described in paragraph (f)(7), below. If the notice is not appealed within the time afforded,
or if the notice is upheld on appeal, the license shall thereby be suspended. Said
suspension shall be for one (1) year from the date the suspension becomes final. The
property may not be operated as a vacation home or bed and breakfast inn during the period
of the suspension. The Town Clerk shall record the suspension with the county clerk and
recorder.
c. If a business license is suspended as described in subparagraph (6)b., then, upon the
receipt and verification of any further violation of this Section either during the period of
suspension or within two (2) years after reinstatement, the Town Clerk may issue a notice
of revocation of the business license by giving written notice, by ordinary U.S. mail, to the
owner or representative of the revocation of the license. The notice of revocation is
appealable as described in paragraph (f)(7), below. If the notice is not appealed within the
time afforded, or if the notice is upheld on appeal, the license shall thereby be revoked.
Upon revocation of the license, the owner's right and privilege to conduct the business,
profession, occupation or accommodation within the Town is terminated. No person may
apply for a license for a vacation home or a bed and breakfast inn on the property subject
to the revocation for a period of two (2) years from the date the revocation is made final.
After such time, a new application may be made if this Section allows. The Town Clerk shall
record the revocation with the county clerk and recorder.
(7) Appeal. Any owner or representative who wishes to appeal a notice of revocation or suspension
of a license for a vacation home or bed and breakfast inn may request an administrative hearing
by written notice delivered in person or by certified mail, return receipt requested, to the Town
Clerk within fourteen (14) calendar days of the date of the notice. The Town Administrator, or
the Town Administrator's designee, shall act as the hearing officer and shall hold a hearing on
the appeal and determine whether or not a violation of this Section has occurred within the
applicable time period to prompt the suspension or revocation, respectively. The hearing shall
meet the standards of basic procedural due process. The owner or representative shall be
entitled to present any evidence of compliance with the terms and conditions of this Section at
the hearing. The hearing officer need not re-adjudicate any issue resolved at a previous hearing,
or any issue that could have been resolved with a prior appeal. The decision of the hearing
officer shall be final.
5.20.120 Vacation home workforce housing regulatory linkage fee.
(a) Findings. The Board of Trustees finds as follows:
(1) The purpose of this Section is to protect the public health, safety, and welfare of the people of
the Town by perfecting a comprehensive regulatory program linking the operation of vacation
homes with the need for and provision of workforce housing.
(2) The Town has a program of applying Town funds to address workforce housing needs within
Town limits, as set forth in Town policy.
(3) The Vacation Home Rental (Short Term Rental) Fee Study ("Study") prepared by Root Policy
Research and presented to the Board of Trustees on March 22, 2022 demonstrates that the
continued operation of vacation homes has a detrimental impact on the availability of workforce
housing within the Town, and quantifies the impact, as well as the funds required to address the
impact, at one thousand three hundred ninety dollars ($1,390.00) per vacation home per year.
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Accordingly, the continued operation of vacation homes will cause the Town to incur costs of
addressing workforce housing needs.
(4) Vacation home rental operations rely on a sustained local workforce, which is essential not only
to the vacation home rental operations directly but the tourism-based portion of the Town's
economy as a whole, on which vacation home rental operations depend.
(5) A fee on vacation homes is therefore appropriate both as a service to vacation home licensees
to sustain a local workforce to their benefit, and also as part of a comprehensive regulatory
program to defray the reasonable direct costs of vacation homes on workforce housing and the
Town's workforce housing program.
(6) The Town intends to establish such a vacation home workforce housing regulatory linkage fee
("fee") and apply the fee revenues to its workforce housing program. As calculated based on the
Study, the fee will bear a reasonable relationship to the cost to the Town of permitting the
continued operation of the vacation homes.
(7) The fee will be collected as part of the fee for a vacation home business license.
(8) The fee is not designed to, and will not, defray the general expenses of Town government, but
rather is a charge imposed for the purpose of defraying a portion of the costs of the particular
Town services and programs. All the revenues of the fee will support only those services and
programs.
(9) Consistent with the determination of the Colorado Supreme Court in Colorado Union of
Taxpayers Foundation v. City of Aspen, 2018 CO 36, that a charge is not a tax if the primary
purpose of the charge is not to raise revenue for general governmental purposes, but is instead
to defray some of the costs of regulating an activity under a comprehensive regulatory scheme,
the charges imposed by the Town and its enterprise as authorized by this Section are fees, not
taxes, because each fee is collected from each vacation home licensee for the primary purpose
of defraying the costs of mitigating the impact caused by the vacation home when engaging in
an activity that is subject to the fee in an amount reasonably related to the impacts caused by
the activity and the amount expended to mitigate that impact; and, additionally, because the fee
is collected and expended to the benefit of the fee payer.
(10)The consumer price index is a reasonable approximation of the change over time in nominal
dollars of costs related to housing in Estes Park, and the U.S. Bureau of Labor Statistics
recommends the U.S. City Average Consumer Price Index for use in escalator clauses.
(b) Vacation home workforce housing regulatory linkage fee.
(1) As part of the annual fee to secure an annual business license for a vacation home as described
in Section 5.20.030, there shall be charged a vacation home workforce housing regulatory
linkage fee beginning with the 2023 license year. The initial amount of the fee upon passage of
this Section shall be one thousand three hundred ninety dollars ($1,390.00) annually per
vacation home license for the 2023 license year.
(2) The amount of the fee shall be adjusted annually for inflation as calculated by the Town Clerk,
based on the All Items Consumer Price Index for All Urban Consumers (CPI-U) for the U.S. City
Average ("Index"), as published by the United States Bureau of Labor Statistics or successor
federal agency. The Town Clerk shall use the Index for June 2022 as a baseline and update the
fee annually based on the index for each successive June. The Town Clerk shall post notice of
the new amount of the vacation home workforce housing regulatory linkage fee each year on
the Town's website prior to accepting payment of the license fee for vacation homes for the
following license year, and in no case later than January 1 of the year for which the license will
apply.
(c) Exemption for certain vacation homes in the outlying commercial (CO) zoning district. If an applicant
for license or renewal of a vacation home business license in the outlying commercial (CO) zoning
district demonstrates to the satisfaction of the Town Clerk, in the form and manner and by the
reasonable time established by the Town Clerk, and in the Town Clerk's reasonable judgment, (1)
that the property became or would become a vacation home at a time when the Development Code
permitted vacation homes in the CO zoning district but prohibited household living there, (2) that the
property was not used for purposes of household living before becoming a vacation home, and (3)
that the property has not been used for purposes of household living since becoming a vacation
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home, then the Town Clerk shall certify that the vacation home business license is exempt from the
vacation home workforce housing regulatory linkage fee for the upcoming license year, and shall not
charge this fee as part of that year's business license fee. Once the fee has been paid for a vacation
home, however, the Town Clerk shall not issue any refund of the fee on the basis of this exemption.
(d) The vacation home licensee may pass the expected per-rental-night costs of the fee to its customers
on a nightly basis by inclusion of a surcharge on each customer's bill.
(e) All revenues from the fee shall be deposited in the workforce housing enterprise fund as described
in Section 5.21.060. As described therein, the revenues from the fee shall be expended only to defray
the reasonable direct and indirect costs of the following:
(1) The Town's workforce housing programs and policies, which may include but are not limited to
acquisition of housing units, construction of new units, purchase of deed restrictions on existing
units, mortgage buydowns, and rent assistance programs; and
(2) To defray the costs to the Town of the foregoing, including but not limited to, costs of staff and
personnel required for the administration and enforcement of the regulatory program described
in this Section.
Estes Park Development Code
Vacation Home & Bed & Breakfast Regulations – Ordinance 08-21
Estes Park Development Code
§ 5.1 - SPECIFIC USE STANDARDS
B.Vacation Home.
1. Issuance of an operating registration for a vacation home shall not constitute a zoning entitlement
for a property's use as a vacation home, nor shall absence of an operating registration for a vacation
home constitute removal or abrogation of a property's zoning permissibility for use as a vacation
home. However, both appropriate zoning permission and compliance and a valid current business
license shall be necessary elements in order for operation as a vacation home to occur.
2. Residential Character in Residential Zoning Districts. Vacation homes in residential zoning districts
shall not be designed or operated in a manner that is out of character with residential use of a
dwelling unit by one (1) household. Design shall be compatible, in terms of building scale, mass
and character, with low-intensity, low-scale residential use.
3. Except as specifically provided for elsewhere in this Code, general development standards
(Chapter 7) as required by the underlying zoning district shall be applicable to vacation homes. For
structures that in the absence of vacation home registration would be classified in section 13.3.92
as single-family detached dwellings, development standards shall be those for single-family
detached dwellings. For all other structures, development standards shall be those for "hotel,
small."
4. Large Vacation Home Review (LVHR) for Nine-and-Over Vacation Homes in Residential Zoning
Districts.
a. The owner of record of a vacation home in a residential zoning district that has filed a
complete application for an eight-and-under vacation home operating registration on or
before March 31, 2017, may make application for Large Vacation Home Review (LVHR)
under the procedures of this Section and Code to allow nine (9) or more individuals to occupy
the vacation home, provided that:
(1) The vacation home for which Large Vacation Home Review application is made has four
(4) or more sleeping rooms; and
(2) The vacation home is in compliance with all applicable Building, Health, and Fire Codes,
or is brought into compliance with said Codes by deadline dates as specified in
accordance with the Codes.
b. The Large Vacation Home Review application shall be reviewed and may be approved by
motion and affirmative vote of the Planning Commission. The Planning Commission's
decision shall be final, except that an appeal by a party in interest of the Planning
Commission's decision may be made to the Town of Estes Park Board of Trustees.
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c. Large Vacation Home Review for a nine-and-over vacation home shall comply with the
following policies and procedures:
(1) The procedure for application, review, and approval shall comply with the "Procedure
Checklist for Large Vacation Home Review: Nine-and-Over Vacation Homes,"
promulgated and maintained by the Community Development Department;
(2) The required "Vacation Home Safety Inspection Report" and "Vacation Home Location
Inspection Report" shall be provided to the Planning Commission prior to any Planning
Commission approval of a Large Vacation Home Review;
(3) The minimum lot size for a nine-and-over vacation home shall be one (1) acre, unless
the Planning Commission makes a specific finding that the vacation home has
demonstrated adequate buffering or screening from adjacent and nearby properties,
such that a lot size of less than one (1) acre is commensurate with Large Vacation Home
use. Appropriate alternative standards for demonstrating adequate buffering or
screening shall include, but not be limited to: orientation of the Large Vacation Home on
the property away from nearby residential structures, linear separation from other
residential structures, separation from other structures by an intervening right-of-way,
topographic features such as rock formations or grade differences, and mature
vegetation or fencing;
(4) The minimum front, side, and rear setback from any lot boundary shall be twenty-five
(25) feet or the setback under the zoning district, whichever is greater, unless the
Planning Commission makes a specific finding that the vacation home has demonstrated
adequate buffering or screening from adjacent and nearby properties, such that a
setback of less than twenty-five (25) feet or less than the setback under the zoning
district, whichever may be applicable, is commensurate with Large Vacation Home use.
Appropriate alternative standards for demonstrating adequate buffering or screening
shall include, but not be limited to: orientation of the Large Vacation Home on the
property away from nearby residential structures, linear separation from other residential
structures, separation from other structures by an intervening right-of-way, topographic
features such as rock formations or grade differences, and mature vegetation or fencing;
(5) An approved Large Vacation Home shall in no case be occupied by more than two (2)
occupants per bedroom plus two (2) additional occupants.
d. Denial of a Large Vacation Home Review zoning permission for use as a nine-and-over
vacation home shall not void an existing license for an eight-and-under vacation home, nor
shall such denial in itself void zoning permissibility for use as an eight-and-under vacation
home; provided that eight-and-under vacation home zoning requirements in this Code and
other applicable regulations remain applicable.
e. Zoning approval of a Large Vacation Home does not obviate the need for the property owner
to maintain an active annual operating registration (business license) pursuant to chapter
5.20 of the municipal code in order to operate the property as a vacation home.
U.Bed and Breakfast Inn.
1. Issuance of an operating registration for a bed and breakfast inn shall not constitute a zoning
entitlement for a property's use as a bed and breakfast inn, nor shall absence of an operating
registration for a bed and breakfast inn constitute removal or abrogation of a property's zoning
permissibility for use as a bed and breakfast inn. However, both appropriate zoning permission
and compliance and a valid current business license shall be necessary elements in order for
operation as a bed and breakfast inn to occur.
2. Residential Character.
a. Bed and breakfast inns shall not be designed or operated in a manner that is out of
character with residential use of a dwelling unit by one (1) household. This includes, but is
not limited to, the following:
(1) Except in the CD district, design shall be compatible, in terms of building scale, mass
and character, with low-intensity, low-scale residential use.
(2) Guest rooms shall be integrated within the bed and breakfast inn.
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(3) Kitchen facilities shall be limited to be consistent with single-family residential use. No
kitchen facilities or cooking shall be allowed in the guest rooms.
(4) Accessory buildings shall not be used for amenities beyond a gazebo or similar
outdoor room.
(5) No changes in the exterior appearance shall be allowed to accommodate each bed
and breakfast inn, except that one (1) wall-mounted identification sign no larger than
four (4) square feet in area shall be permitted.
(6) Vehicular traffic and noise levels shall not be out of character with residential use.
3. Large Bed and Breakfast Inns. A residential structure with four (4) or more sleeping rooms may
be permitted only by special review in accordance with the S2 procedure. The maximum
occupancy in a nine-and-over occupant bed and breakfast inn shall be as specified in the
special review approval granted by the Town Board; provided that occupancy shall be limited
to a maximum of two (2) individuals per sleeping room plus two (2) individuals per bed and
breakfast inn. Zoning approval of a large bed and breakfast inn does not obviate the need for
the property owner to maintain an active annual operating registration (business license)
pursuant to Chapter 5.20 of the Municipal Code in order to operate the property as a bed and
breakfast inn.
For additional information, please refer to the Town website at www.estes.org/municipalcode and
www.estes.org/developmentcode or contact staff.
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I have read and understand the terms of the Estes Park Municipal Code and Estes
Park Development Code related to Vacation Homes and Bed & Breakfast Inns.
I acknowledge it is my responsibility to stay current on any code changes and,
furthermore, I acknowledge any future code changes will apply to my vacation
home or bed & breakfast license.
Printed Name:
X /
Homeowner’s Signature / Date
Printed Name:
X /
Local Representative/Property Manager
Signature/On-site Manager / Date
Business Physical Address
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