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HomeMy WebLinkAboutPACKET Town Board 2025-11-12 2 of 2The Town of Estes Park is committed to providing equitable access to our services. Contact us if you need any assistance accessing material at 970-577-4777 or townclerk@estes.org. Memo To: Honorable Mayor Hall & Board of Trustees From: Town Administrator Machalek Department: Town Administrator’s Office Date: November 12, 2025 Subject: 2026 Visit Estes Park Operating Plan Type: Other Objective: Town Board consideration of the 2026 Visit Estes Park Operating Plan. Present Situation: Per the terms of the Town’s agreement with Larimer County for the formation of Visit Estes Park (VEP), VEP is required to file an Operating Plan with both the Town and the County no later than September 30 of each year. The Operating Plan must identify services to be provided by VEP, any marketing and promotion tax to be levied by VEP, and such additional information as may be appropriate or required to inform the Town and the County as to the activities, services, and funding of VEP in the upcoming calendar year. The Town and the County must each approve, modify, or disapprove the Operating Plan no later than December 5 of each year. The Town Board reviewed the 2026 Operating Plan at the October 15 Joint Study Session with the Board of County Commissioners. This item was continued from the October 28 Town Board meeting. Proposal: The 2026 Visit Estes Park Operating Plan is attached for reference. Action Recommended: N/A Finance/Resource Impact: None Level of Public Interest: Medium Sample Motion: I move for the approval/denial of the 2026 Visit Estes Park Operating Plan. Attachments: 1. 2026 Visit Estes Park Operating Plan Attachment 1 The Town of Estes Park is committed to providing equitable access to our services. Contact us if you need any assistance accessing material at 970-577-4777 or townclerk@estes.org. Memo To: Honorable Mayor Hall & Board of Trustees Through: Town Administrator Machalek From: Jackie Williamson, Town Clerk Department: Town Clerk Date: November 12, 2025 Subject: Ordinance 18-25 Amending Chapter 5.20 of the Estes Park Municipal Code Regarding Vacation Homes and Bed and Breakfast Inns Type: Ordinance Objective: To consider amendments to the Municipal Code vacation home regulations that address hosted vacation homes, the residential waitlist, require a natural person to apply for a vacation home, establishing the marketing and advertising of a vacation home without a license as a violation, and miscellaneous revisions. Present Situation: At the October 14, 2025 Town Board study session, the Board provided staff with final direction on key elements to assist with the development of an ordinance to address transferability, hosted vacation homes, and the formation of a new residential vacation home waitlist. Staff further addressed issues related to a need for a non-refundable application fee due to an increase in the number of vacation home applications that do not complete the application process, and the need to clearly outline within the code that marketing and advertising a vacation home without a license is a violation. Proposal: The proposed ordinance removes the requirement for the primary resident to not be present during a rental, thereby allowing the property to be either hosted or unhosted. A key element to note is the occupancy of a hosted vacation home cannot exceed the number of primary residents and vacation home guests. For example, a four-bedroom hosted vacation home with a family of four could only rent to one party with a maximum of four guests for a total occupancy of eight. The revision would provide a one-time opportunity for bed and breakfasts (B&B) licensed on May 23, 2023 the opportunity to apply for a hosted vacation home license through the end of the renewal period ending January 31, 2026 over the current residential cap. B&Bs wishing to convert after this date would have to apply for the lottery to obtain a residential license in the future. The amendments would require vacation homes and B&B licenses that are non- transferable to list up to two natural persons as the licensees. Those currently licensed would have a grace period to complete the new requirement by the renewal deadline of January 31, 2027. All new applications would be required to list a natural person on the application at the time the application is submitted. The Town removed the last application from the waitlist this year for residentially zoned properties subject to the 322 cap. The proposed revision would establish a lottery system with a cap for those interested in obtaining a residentially zoned vacation home license. The lottery would be held after the annual renewal process when there are 10 or less applications on the list and populate the list up to 30. The lottery provisions would also provide a greater chance to properties that enter in consecutive lotteries. Applications on the waitlist would be processed up to the cap after the renewal deadline and once the lottery has been completed, if required per the regulations. A non-refundable $200 application fee would be required for all new vacation home applications. The application fee would be applied to the business license fee if the application process is completed and a license is issued. The proposed ordinance would establish the marketing and advertising of a vacation home without a license as a violation of the code and assess the maximum penalty fee of $2650 per violation. The violation could be assessed for each day the property is being advertised. Additional miscellaneous changes to the regulations have been addressed in the proposed amendments to align with the suggested changes outlined above. Advantages: The proposed changes would allow property owners the ability to use a portion of their home for short-term rentals while living in the home and provide an additional stream of income. The change also provides licensed B&Bs on or before May 23, 2023 with an opportunity to apply for a hosted vacation home license above the current residential cap. Establishes the requirement for a natural person to be listed as the licensee for all non-transferrable licenses to address change in ownership that may occur for companies or LLCs. Provides a mechanism for establishing and maintaining a new residential waitlist. Establishes a fee for vacation home applications to cover a portion of the staff’s time processing applications that do not complete the licensing process. Outline in the code that properties listed for rent without a license is a violation of the code, provide Code Enforcement a mechanism to issue tickets, and assist with prosecution. The code was reviewed to remove unnecessary language in relation to the other changes proposed to ensure consistency throughout the regulations. Disadvantages: The allowance of B&Bs to move to a hosted vacation home above the cap will delay the processing of new residentially zoned properties on the newly established waitlist until there are openings within the cap of 322. The creation of an application for the lottery would need to be created along with establishing a process and procedure for the lottery by the Town Clerk as outlined in the proposed amendments. Applicants applying for a vacation home license would need to submit an application fee to begin the review process, and if the application process is completed, submit a second payment for the license fees before a license could be issued. Action Recommended: Staff recommends the approval of the ordinance to amend the Municipal Code. Finance/Resource Impact: Additional revenue is expected with the application fee for applications that are not completed and the lottery fee for the years in which a lottery is held. Staff will need to create new forms to address the changes outlined in the ordinance and update the Town’s website. Level of Public Interest: Low at this time for the general community but high for those interested in operating a vacation homes. Sample Motions: I move to approve/deny Ordinance 18-25. Attachments: 1. Ordinance 18-25 2. Exhibit A ORDINANCE NO. 18-25 AN ORDINANCE AMENDING CHAPTER 5.20 OF THE ESTES PARK MUNICIPAL CODE REGARDING VACATION HOMES AND BED AND BREAKFAST INNS WHEREAS, the Board of Trustees of the Town of Estes Park, Colorado has determined that it is in the best interest of the Town to amend certain sections of the Municipal Code of the Town of Estes Park, Colorado. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO AS FOLLOWS: Section 1: Sections 5.20.110 and 5.20.120 of the Estes Park Municipal Code are hereby amended, by adding underlined material and deleting stricken material, as set forth on Exhibit A. Ellipses indicate material not reproduced as the Board intends to leave that material in effect as it now reads. Section 2: This Ordinance shall take effect and be enforced thirty (30) days after its adoption and publication. PASSED AND ADOPTED by the Board of Trustees of the Town of Estes Park, Colorado this ____ day of _______________, 2025. TOWN OF ESTES PARK, COLORADO By: Mayor ATTEST: Town Clerk I hereby certify that the above Ordinance was introduced at a regular meeting of the Board of Trustees on the day of , 2021 and published by title in a newspaper of general circulation in the Town of Estes Park, Colorado, on the day of , 2025, all as required by the Statutes of the State of Colorado. Town Clerk APPROVED AS TO FORM: Town Attorney Attachment 1 Exhibit A Created: 2024-12-09 08:36:57 [EST] Supp. No. 34, Update 1) Page 1 of 14 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. Local representatives shall be designated as follows: 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 (collectively, an "innkeeper" for the purposes of this Section) 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 innkeeper 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 application deposit. An application for a new business license for a vacation home or bed and breakfast inn must include tender of a non-refundable deposit of two hundred dollars, which shall be applied to the license fee if the application process is ultimately completed and the application approved. 54)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. Attachment 2 Exhibit A Created: 2024-12-09 08:36:57 [EST] Supp. No. 34, Update 1) Page 2 of 14 56) 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. 67) State sales tax license. A condition of issuance of the license shall be proof of a current sales tax license, provided by the applicant. 78) 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. Among other things, the compliance inspection will ensure against illegal duplexes or accessory dwelling units on the premises. 89) 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 described in Section 14.12.080 of this Code, section R332 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. e. Bed and breakfast inn life safety inspections. To be issued a license, a bed and breakfast inn must first undergo and pass a life safety inspection as described for vacation homes and for large vacation homes in Section 14.12.080 of this Code, section R332 of the International Residential Code as amended. That Section hereby applies to bed and breakfast inns equally as it does to vacation homes and large vacation homes, and a bed and breakfast inn must similarly be issued a certificate of occupancy allowing for such bed and breakfast inn use. This subparagraph (e) shall apply to all bed and breakfast inns first licensed after May 23, 2023. It shall also apply to all bed and breakfast inns, including those previously licensed, effective January 1, 2026. When this subparagraph applies, subparagraphs (b)—(d) of this Subsection (8) shall also apply. Exhibit A Created: 2024-12-09 08:36:57 [EST] Supp. No. 34, Update 1) Page 3 of 14 910) 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) a. 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 tThe Town Clerk's Office shall maintain a list of pending requests to have the opportunity to apply for a license for a particular property within these districts, ordered by priority for consideration for a license, as determined by lottery as described below. Applications held on such list (the "waitlist") shall be issuedmay receive licenses during the calendar yearafter the renewal period ends each year, as if licenses may have become available within the cap, as described below. 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. No vacation home application in a residential zoning district shall be valid except through the lottery and waitlist process. Positions on the waitlist are not transferable to other properties or applicants.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. b. Waitlist lottery. If, on February 1 of any year, immediately after the renewal period ends but before existing waitlisted requests are afforded the opportunity to apply for licenses, ten or fewer requests remain on the waitlist, the Town Clerk shall conduct a lottery to add requests to the waitlist. The Town Clerk shall give the public at least two weeks’ notice of the lottery, with a general description of entry requirements. A full application is not required for entry into the lottery, but the Town Clerk shall determine the form of the lottery entry and associated request, and all the information required, including the names of the prospective licensee(s). No more than one entry shall be made per dwelling unit; any dwelling unit receiving multiple entries is disqualified from the lottery. No more than two prospective licensees shall be listed for any entry. The Town Clerk shall assess a fee of fifty dollars per entry into the lottery. The Town Clerk may use any randomization method to conduct the lottery, with the aim of achieving reasonably random results. The Town Clerk may create rules, protocols, and interpretations for the lottery as the Town Clerk determines necessary to ensure a fair and orderly process. The Town Clerk shall afford a greater chance of winning to entries for properties entered consistently in previous lotteries by the same entrants, in the amount of an additional entry’s chance of winning for each failed entry in past consecutive lotteries including the lottery immediately prior. Winning requests shall be added to the end of the waitlist in the order they are drawn, populating the waitlist up to a total of thirty applications, including any applications already on the waitlist. If a lottery occurs in a given year, the opportunity to apply for licenses will not be available until the lottery is complete. Exhibit A Created: 2024-12-09 08:36:57 [EST] Supp. No. 34, Update 1) Page 4 of 14 c. Opportunity to apply. After February 1 each year, or after the lottery if one occurs in that year, if there are fewer existing licenses in residential zones than the cap number, the Town Clerk shall notify the prospective licensees for the requests highest on the waitlist, in the number which would bring the number of existing licenses up to the cap number, that their request has successfully completed the lottery and waitlist process and they have the opportunity to apply for a vacation home at the location specified in the lottery request. The Town Clerk may accomplish this notice by email, at the address(es) listed in the successful lottery entry. The Town Clerk may also establish procedures to update email addresses for waitlisted requests. The Town Clerk’s notice of opportunity to apply shall include or direct the recipients to an application form. Applications must be delivered to the Town Clerk in the manner the Town Clerk specifies within 14 days of the date of the notice in order to be valid. Upon receiving such an application which the Town Clerk determines to be complete, valid, and timely, including all required fees and deposits, the Town Clerk shall issue the applicant a registration packet as described in subsection (a)(5) of this section. Such applications will be eligible for licenses if the registration packet and all other requirements are timely completed and fees paid. No other waitlisted requests will be eligible for licenses that year. d. Bed and breakfast inn transition. Any property in any zoning district licensed as a bed and breakfast inn on May 23, 2023 and continually so licensed thereafter shall be eligible to apply for a vacation home license until January 31, 2026 without regard to the residential cap or the waitlist, and without need for entry into a lottery. The Town Clerk shall consider any such pending applications in residential zones as existing licenses for the purpose of determining whether the cap has been reached and therefore whether licenses are available to be granted for requests on the waitlist. Once licensed as a vacation home, the license is renewable under the process applicable to other licenses. It is not transferable but governed under subsection (c)(1)(b), below. If the Town Clerk has not received a complete and sufficient application by January 31, 2026, the property if residentially zoned will be subject to the lottery and waitlist provisions of this Section. 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, 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. 1. 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, except as described below. Such application shall be subject to any applicable lottery and waitlist. 2. Such non-transferable licenses may be held only by natural persons. The property itself need not be owned by a natural person. This is an exception to the general requirement that a business license be held by the business owner, as described in section 5.20.040. To hold such a license in a home not owned directly by the applicant, the applicant must demonstrate an ownership interest in the entity owning the property, to the reasonable satisfaction of the Town Exhibit A Created: 2024-12-09 08:36:57 [EST] Supp. No. 34, Update 1) Page 5 of 14 Clerk. Up to two natural persons may be listed as licensees on such a license at the time of licensure, but not later, if each so demonstrates an interest at time of application. Failure to submit sufficient evidence demonstrating the ownership interest (including the interest of each applicant, if there are two) at time of application shall result in the application being deemed incomplete and ineffective. If two natural persons are listed as license holders, either may be removed by mutual request or upon the request of a surviving licensee, but neither may be replaced. Estates of licensees shall not be eligible to hold such licenses. 3. Transitional provisions. Such non-transferable licenses held by an entity other than a natural person since prior to October 14, 2025 may continue to be held by such entities until the completion of renewal for the 2027 license year (culminating on January 31, 2027). These licenses may not be transferred to other entities that are not natural persons. They may be transferred to natural persons meeting the requirements and under the procedures of subparagraph (b)(2) above at any time up to and including the renewal period for the 2027 license year, but only one such transfer during such time shall be allowed. Such a transfer shall be permitted as part of the renewal process, but the responsibility for ensuring all appropriate documentation is timely submitted to facilitate the transfer shall rest with the licensee and transferee. Otherwise the renewal application will be considered incomplete and the license will expire. 4. If the licensee(s) are not identical to the owner(s) of the property, all licensees must certify and demonstrate to the Town Clerk's reasonable satisfaction, as part of the renewal application each year, that they retain an ownership interest in the property. Failure to submit sufficient and updated evidence demonstrating the ownership interest (including the interest of each applicant, if there are two) at time of the renewal application shall result in the renewal application being deemed incomplete and ineffective. 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) Transfer Aapplication required upon transferchange of property ownership. a. For transferable licenses. 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)(a) 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. Failure to file a transfer application by such deadline results in the automatic expiration of the license, and such license may not be renewed. b. For non-transferable licenses. If the owner of the real property changes during the annual period for which the vacation home or bed and breakfast inn has been licensed, and the license itself is ineligible for transfer as described in paragraph (1)(b) above, all licensees for the property must file an application to confirm that they remain eligible to hold the license upon the transfer of the property. This transfer application must be filed within thirty (30) days of transfer of ownership. Licensees must also continue to 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. Failure to file a transfer application by such deadline results in the automatic termination of the license, and such license may not be renewed. Exhibit A Created: 2024-12-09 08:36:57 [EST] Supp. No. 34, Update 1) Page 6 of 14 c. a. Transfer fee. An application to transfer a license or confirm continuing eligibility after property transfer under (a) or (b) above 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 license 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 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. Exhibit A Created: 2024-12-09 08:36:57 [EST] Supp. No. 34, Update 1) Page 7 of 14 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 or bed and breakfast inn property. 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 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- Exhibit A Created: 2024-12-09 08:36:57 [EST] Supp. No. 34, Update 1) Page 8 of 14 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 innkeeper 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 on a nightly basis 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 local representative, and shall be made available to the Town or any other appropriate regulatory entity upon request. A vacation home may also include primary residents of the same dwelling unit occupying the premises at the same time as nightly guests. All limitations on occupancy of vacation homes, including as described in paragraphs (5) and (6) above, shall apply to the cumulative total of nightly guests and residents. All regulations in this Code and the Development Code pertaining to vacation home guests shall apply equally to vacation home residents. 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, vacation homes and bed and breakfast inns shall not be located on the ground floor of a building fronting on Elkhorn Avenue. Exhibit A Created: 2024-12-09 08:36:57 [EST] Supp. No. 34, Update 1) Page 9 of 14 15) Except as described in this section, Hhome 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. 16) Additional operating requirements for bed and breakfast inns. a. The innkeeper of a bed and breakfast inn must reside on the premises when the bed and breakfast inn is in operation. b. The innkeeper must actually reside on the bed and breakfast inn premises at least nine (9) months of the year. c. To reside on the premises for the purposes of this paragraph (16) means to reside in the same dwelling unit, as defined in the Estes Park Development Code, as the bed and breakfast inn. The innkeeper must not reside in a space that qualifies as a dwelling unit distinguishable from the dwelling unit constituting the bed and breakfast inn. d. The innkeeper must be readily accessible in person to guests at all reasonable times; must regularly interact in person with all guests; and must be available to guests immediately or within thirty (30) minutes, in person, in case of emergency. e. The innkeeper must offer all guests of the bed and breakfast inn a fresh-cooked breakfast prepared on site for each night of the guest's occupancy, at no charge other than the fee for the lodging accommodations. The meal shall be noted as included with the fee in all advertisements and listings for the lodging. f. Any new application or application for renewal for a bed and breakfast inn may include up to three (3) individuals who collectively shall satisfy the obligations of the innkeeper under this Section; provided however, that if more than one (1) individual is designated, (i) the application shall provide a single set of contact information, in the form required by the Town Clerk, which shall immediately reach whichever individual is acting as the innkeeper at that time, and (ii) the application shall include a schedule of when each individual is planned to act as the innkeeper over the license year and subsequent renewal period. Any such application information may be amended during the license year, with repayment of the business license fee as a reprocessing fee. g. Multiple parties. Bed and breakfast inns are intended to be rented out room-by-room, to multiple parties. One (1) sleeping room of a bed and breakfast inn must be occupied by the innkeeper and not guests. A bed and breakfast inn with more than two (2) sleeping rooms must advertise and rent the premises on a per-sleeping-room basis, with no prohibition or discouragement of multiple parties lodging at the same time within the bed and breakfast inn. h. The application for a bed and breakfast inn must include a drawing, in the form required by the Town Clerk, displaying the areas of the property (i) utilized by the guests exclusively, except as needed for cleaning, (ii) utilized exclusively by the innkeeper, and (iii) utilized by both as common areas. Operation of the bed and breakfast inn shall adhere to this representation. i. No location of a bed and breakfast inn may also be the location of a vacation home. ji. The requirements of paragraph (16) shall apply to all bed and breakfast inns first licensed after May 23, 2023. They shall apply to all bed and breakfast inns, including those previously licensed, effective January February 1, 2026. 17) [Reserved.] Exhibit A Created: 2024-12-09 08:36:57 [EST] Supp. No. 34, Update 1) Page 10 of 14 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. It is a violation of this Section for any person to advertise, market, or represent as open for business or occupancy any vacation home or bed and breakfast inn without already holding the applicable license; each day for which a property is advertised, marketed, or represented as open for business or occupancy shall be considered a separate offense. 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. Exhibit A Created: 2024-12-09 08:36:57 [EST] Supp. No. 34, Update 1) Page 11 of 14 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. f. Any person advertising, marketing, or representing as open for business or occupancy any vacation home or bed and breakfast inn without already holding the applicable license shall be fined the maximum amount permissible under Chapter 1.20, recognizing that remedies may be continuing as described in subsection (f)(4) above and each day for which a property is advertised, marketed, or represented as open for business or occupancy shall be considered a separate offense. 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: 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) Any property which has operated as a vacation home or bed and breakfast inn without the applicable license, or which has been advertised, marketed, or represented as open for business or occupancy as a vacation home or bed and breakfast inn without already holding the applicable license, in the written determination of the Town Clerk, shall be ineligible to receive a vacation home or bed and breakfast inn license, enter a vacation home lottery, or remain or be placed on the waitlist, for a period of five years. The Town Clerk shall memorialize this result by notifying the property owner by ordinary U.S. mail to the owner on file with the county assessor, and may record the notice with the county clerk and recorder. 87) 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, or a notice of ineligibility under subsection (f)(7) Exhibit A Created: 2024-12-09 08:36:57 [EST] Supp. No. 34, Update 1) Page 12 of 14 above, 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. For appeals from ineligibility determinations under subsection (f)(7) above, the hearing officer shall determine whether the Town Clerk’s determination of a violation was reasonable. 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. 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 Exhibit A Created: 2024-12-09 08:36:57 [EST] Supp. No. 34, Update 1) Page 13 of 14 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. 11) The fee appropriately applies to vacation homes whether or not primary residents occupy the premises in addition to nightly guests. The national model used to design the Study included data from listings of both entire homes and shared rooms. Furthermore, vacation home licensees have the option of switching between hosting a resident and hosting only nightly guests, with no specific notice or approval required. The fee is warranted because the licensee retains the discretionary right to maintain a commercial enterprise that hosts no residents, with the resultant impacts to housing within the Town as determined by the Study. Finally, the Town does not have the resources to continually monitor whether a home is truly occupied by a primary resident and consider altering the fee accordingly. 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 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. Exhibit A Created: 2024-12-09 08:36:57 [EST] Supp. No. 34, Update 1) Page 14 of 14 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. Town Clerk <townclerk@estes.org> Comments regarding proposed Code amendments affecting vacation homes 4 messages Andrew Graham <andrew.c.graham@gmail.com>Sat, Nov 8, 2025 at 2:42 PM To: "ghall@estes.org" <ghall@estes.org>, mcenac@estes.org, "bbrown@estes.org" <bbrown@estes.org>, "khazelton@estes.org" khazelton@estes.org>, "migel@estes.org" <migel@estes.org>, "franklancaster@estes.org" <franklancaster@estes.org>, cyounglund@estes.org Cc: Town Clerk <townclerk@estes.org> Dear Mayor Hall, Mayor Pro Tem Cenac, and Trustees Brown, Hazelton, Igel, Lancaster, and Younglund, I respectfully submit the following comments regarding the proposed amendments to the Municipal Code affecting vacation homes. Hosted Vacation Homes Allowing a primary resident to be present during a short-term rental seems like an elegant solution that will benefit many Estes Park residents and homeowners. This also simplifies the code by merging hosted and unhosted vacation homes into a single vacation home license, thus eliminating a second license type. Well done. Lottery/waitlist I note the overwhelming support evidenced at the October 14 Study Session, although this still seems unnecessarily complicated to me. However, I believe the 14-day deadline mentioned in section 5.20.110(b)(1)(c) is far too short, as a person going on vacation and being out of normal communication for two weeks would likely not have an opportunity to respond with an application that is “complete, valid, and timely, which includes all required fees and deposits.” Transferability During the October 14 meeting there seemed to be general support for the concept of limited transferability of non- transferable post-2021 licenses to preserve family or legacy properties. I am therefore disappointed this was removed from these amendments. In the proposed amendments a natural person must be named as the licensee in the initial application, and there is no provision for replacing that person with a successor licensee. As proposed, you can never replace that person, even if the property ownership never changes. This will create situations that are far more limiting than the existing code. For example, if the license holder dies, becomes incapacitated, or just no longer wants to serve in that role, you cannot name a replacement. As an example, a group of siblings might own a vacation home; one is named as the license holder for 5 years but then moves to Bora Bora and cannot devote time and attention to the property. But none of the other siblings is allowed to become the license holder. This is a huge change from the current regulations that affects an existing entity with no change in ownership, and particularly one that is not attempting to evade transfer restrictions. This seems totally unfair. However, you can transfer the ownership so long as the original license holder still has an ownership interest in the property post-transfer. Since you can never change the license holder, this seems likely to give rise to some perverse arrangements, such as naming two 20-year-old 0.5% property owners as the license holders and hoping like crazy that at least one of them lives a long time in order to preserve the vacation home license. Never mind that they don't have the experience, maturity, or responsibility of their 50-year-old family member 99% co-owner. Instead, providing a reasonable opportunity for naming a successor licensee would largely eliminate such unfair situations and any motivation for such perverse arrangements. Enforcement For all of the concerns expressed about wanting a natural person to hold the license so the Town can enforce violations against a specific person, the "Enforcement" section 5.20.110(f) is still replete with references to "property owners and local representatives" and no references to a licensee. I believe this omission shows the difficulty of creating two classes of licenses, where the older licenses are still held by property owners (the "business owners") and the newer ones are held Public Comment Received 2025-11-08 by a natural person who merely has a "ownership interest" in the property. It seems to me that the enforcement section has not been updated to accomplish your stated goals. Suspension Several violations of the Code will result in a vacation home or bed and breakfast inn being ineligible to receive a vacation home or bed and breakfast inn license for a long period of time (see section 5.20.110(f)(7) for a five-year example). I believe eligibility should be restored if the property is sold and a new property owner seeks such a license, without having to wait out the penalty period due to a prior owner ’s actions. General Comment I believe that there are several new provisions that seem unnecessarily harsh and almost punitive. I don’t think that is the attitude the Town should exhibit in dealing with its residents and businesses. Most examples are phrased similar to "such and such is due in very few days after licensee is made aware, and if such response is imperfect or incomplete in any way, it is therefore defective, ineffective, and your license expires." I submit that a reasonable opportunity to cure a minor defect in an otherwise good-faith attempt at a complete submission should be afforded. It is the right thing to do. I respectfully request that you revise the amendments to the Code to address these issues, and defer adoption until such changes can be implemented. Very truly yours, Andrew Graham, President Estes Valley Short-Term Rental Alliance Becky Robbins <beckyrobbins50@outlook.com>Sun, Nov 9, 2025 at 7:33 AM To: "ghall@estes.org" <ghall@estes.org>, "mcenac@estes.org" <mcenac@estes.org>, "bbrown@estes.org" <bbrown@estes.org>, khazelton@estes.org" <khazelton@estes.org>, "migel@estes.org" <migel@estes.org>, "franklancaster@estes.org" franklancaster@estes.org>, "cyounglund@estes.org" <cyounglund@estes.org> Cc: Town Clerk <townclerk@estes.org>, Andrew Graham <andrew.c.graham@gmail.com> Dear Mayor Hall, Mayor Pro Tem Cenac, and Trustees Brown, Hazelton, Igel, Lancaster, and Younglund, Just a short note to let you know that I fully support the thoughtful and well-reasoned comments submitted by Andrew Graham on behalf of the Estes Valley Short-Term Rental Alliance. His points reflect the concerns of many in our community who value both responsible regulation and fairness for property owners. I also want to acknowledge and thank the Mayor, Trustees, and staff for the significant time and care devoted to this complex issue. Your efforts to balance community interests are deeply appreciated. Becky Robbins, Board Member of the Estes Valley Short-Term Rental Alliance Realtor® Re/Max Mountain Brokers 1200 Graves Ave. Estes Park, CO 80517 Cell: 281-989-5587 Quoted text hidden] Gary Hall <ghall@estes.org>Sun, Nov 9, 2025 at 7:45 AM To: Becky Robbins <beckyrobbins50@outlook.com>, Gary Hall <ghall@estes.org> Cc: "mcenac@estes.org" <mcenac@estes.org>, "bbrown@estes.org" <bbrown@estes.org>, "khazelton@estes.org" khazelton@estes.org>, "migel@estes.org" <migel@estes.org>, "franklancaster@estes.org" <franklancaster@estes.org>, cyounglund@estes.org" <cyounglund@estes.org>, Town Clerk <townclerk@estes.org>, Andrew Graham <andrew.c.graham@gmail.com> Thanks, Becky. Good to know. Did you see Trustee Lancaster's reply to Andrew? Here it is, from the public email forum, FYI: Hi Andrew, Thanks for your comments and suggestions. That is very helpful. Lottery 14 day limit. Good point. I'm sure that can be addressed Town Clerk <townclerk@estes.org> Concerns Regarding Proposed Changes to §5.20.110(c)(1)(b) – “Other Licenses” 2 messages Chris Hines <chines2713@gmail.com>Tue, Nov 11, 2025 at 3:00 PM Reply-To: Chris Hines <chines2713@gmail.com> To: "ghall@estes.org" <ghall@estes.org>, "bbrown@estes.org" <bbrown@estes.org>, "mcenac@estes.org" <mcenac@estes.org>, khazelton@estes.org" <khazelton@estes.org>, "migel@estes.org" <migel@estes.org>, "franklancaster@estes.org" franklancaster@estes.org>, "cyounglund@estes.org" <cyounglund@estes.org>, "townclerk@estes.org" <townclerk@estes.org> Public Comment – Proposed Changes to §5.20.110(c)(1)(b) Good afternoon, Mayor and Trustees, I’d like to raise several concerns about the proposed amendments to §5.20.110(c)(1)(b). First, there’s no transparent, verifiable record identifying which short-term rental licenses qualify as “pre-October 18, 2021.” Without that clarity, neither property owners nor the public can know which licenses are transferable and which are not. Transparency here is essential before any policy changes move forward. Second, the term “transferable non-transferable license” is inherently confusing. Even the Town Attorney has acknowledged that contradiction. Ordinance language should be clear, consistent, and easy for everyone to understand. Third, the use of an LLC is a standard, legal form of property ownership. Eliminating LLCs from licenses would unfairly penalize owners who use common and legitimate business structures. Fourth, both board members and the public have expressed confusion about whether the proposed rules apply to all licenses or only those issued before or after October 18, 2021. If the people writing and voting on the ordinance find it unclear, the public has no realistic chance of interpreting it correctly. Fifth, there seems to be inconsistent understanding about whether transferable licenses remain transferable after a property changes hands. The mixed explanations from town officials have created uncertainty and reduced public trust. Finally, the board has previously expressed support for allowing non-transferable licenses to pass through inheritance — a fair and compassionate policy. Yet the current language doesn’t reflect that intent. In conclusion, I urge you to reject the proposed revisions to §5.20.110(c)(1)(b) until these issues — transparency, terminology, consistency, and inheritance — are clearly resolved. Thank you for your time and for your continued commitment to clarity and fairness in our community’s governance. Chris Hines Gary Hall <ghall@estes.org>Tue, Nov 11, 2025 at 3:30 PM To: Chris Hines <chines2713@gmail.com> Cc: "bbrown@estes.org" <bbrown@estes.org>, "mcenac@estes.org" <mcenac@estes.org>, "khazelton@estes.org" khazelton@estes.org>, "migel@estes.org" <migel@estes.org>, "franklancaster@estes.org" <franklancaster@estes.org>, cyounglund@estes.org" <cyounglund@estes.org>, "townclerk@estes.org" <townclerk@estes.org> Thanks, Chris. All input is helpful as we seek to get to clarity and sensibility on these next steps. Thanks. Gary M. Hall Mayor of the Town of Estes Park Office phone: 970-577-3706 Email: ghall@estes.org Quoted text hidden] Public Comment Received 2025-11-11 Town Clerk <townclerk@estes.org> Public Comment – Proposed Amendments to §5.20.110(c)(1)(b) 2 messages Rachael Meurrier <rmeurrier@gmail.com>Tue, Nov 11, 2025 at 3:20 PM To: townclerk@estes.org, "ghall@estes.org" <ghall@estes.org>, "bbrown@estes.org" <bbrown@estes.org>, "mcenac@estes.org" mcenac@estes.org>, Trustee Kirby Hazelton <khazelton@estes.org>, Trustee Mark Igel <migel@estes.org>, Trustee Frank Lancaster franklancaster@estes.org>, "Trustee Cindy Younglund," <cyounglund@estes.org> Mayor Hall, Trustees, and Members of the Board Thank you for your time and for the work that goes into reviewing and refining policy. I’m writing to provide comment on the proposed amendments to the STR ordinance, specifically the section related to ownership structure and LLC eligibility. There are legitimate and standard business reasons for using an LLC, including separation of personal and business assets, liability protection, proper tax classification, succession planning, and basic privacy safeguards. This is no different from how businesses operate throughout Estes Park — whether it’s a retail shop on Elkhorn Avenue or a café in the downtown district — those businesses operate through legal entities. Short-term rentals are a business investment, and owners follow the same IRS rules, state filing requirements, and insurance standards as any other licensed business in the Town. Restricting STR licenses only to natural persons does not address the stated concerns around nuisance behavior or neighborhood character. Instead, it penalizes responsible, law-abiding operators and creates legal and financial exposure for owners who are simply using the most appropriate business structure. For many of us, the LLC exists not to avoid responsibility — but to ensure it. LLC ownership creates clarity: who manages the property, who is liable, who pays taxes, and who can be contacted. If the underlying goal is accountability, LLCs actually support that goal. If the goal is residency or community alignment, that can be achieved through requirements tied to conduct, responsiveness, and compliance not to the chosen business entity. We are invested in this community for the same reasons year-round residents are — we chose Estes Park because we love it here. Changing the rules on LLC ownership will not improve community outcomes, but enforcing the existing standards will. Finally, licenses should remain transferable upon sale, as they are today for other business categories. Businesses change ownership all the time in Estes Park — including hotels, restaurants, and retail stores — and their licenses do not automatically terminate upon sale. A non-transferable license reduces property value, increases instability for current owners, and adds administrative burden for the Town, without solving a clearly defined problem. If nuisance properties are the concern, targeted enforcement is the appropriate solution not depriving responsible owners of a reasonable business exit strategy. Kind regards, Rachael Meurrier Elk River Ranch LLC 615.829.1204 Gary Hall <ghall@estes.org>Tue, Nov 11, 2025 at 3:28 PM To: Rachael Meurrier <rmeurrier@gmail.com> Cc: townclerk@estes.org, "bbrown@estes.org" <bbrown@estes.org>, "mcenac@estes.org" <mcenac@estes.org>, Trustee Kirby Hazelton khazelton@estes.org>, Trustee Mark Igel <migel@estes.org>, Trustee Frank Lancaster <franklancaster@estes.org>, "Trustee Cindy Younglund," <cyounglund@estes.org> Thanks, Rachel. I continue to learn about the intricacies of STRs, and the dynamics of things like the LLC question -- and many more factors. Thanks for the input as we continue discussion. Gary M. Hall Mayor of the Town of Estes Park Office phone: 970-577-3706 Email: ghall@estes.org Quoted text hidden] Public Comment Received 2025-11-11 Exhibit A Created: 2024-12-09 08:36:57 [EST] (Supp. No. 34, Update 1) Page 1 of 14 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. Local representatives shall be designated as follows: 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 (collectively, an "innkeeper" for the purposes of this Section) 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 innkeeper 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 application deposit. An application for a new business license for a vacation home or bed and breakfast inn must include tender of a non-refundable deposit of two hundred dollars, which shall be applied to the license fee if the application process is ultimately completed and the application approved. (54)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. Updated and Provided by the Town Attorney on 2025-11-12 Exhibit A Created: 2024-12-09 08:36:57 [EST] (Supp. No. 34, Update 1) Page 2 of 14 (56) 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. (67) State sales tax license. A condition of issuance of the license shall be proof of a current sales tax license, provided by the applicant. (78) 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. Among other things, the compliance inspection will ensure against illegal duplexes or accessory dwelling units on the premises. (89) 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 described in Section 14.12.080 of this Code, section R332 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. e. Bed and breakfast inn life safety inspections. To be issued a license, a bed and breakfast inn must first undergo and pass a life safety inspection as described for vacation homes and for large vacation homes in Section 14.12.080 of this Code, section R332 of the International Residential Code as amended. That Section hereby applies to bed and breakfast inns equally as it does to vacation homes and large vacation homes, and a bed and breakfast inn must similarly be issued a certificate of occupancy allowing for such bed and breakfast inn use. This subparagraph (e) shall apply to all bed and breakfast inns first licensed after May 23, 2023. It shall also apply to all bed and breakfast inns, including those previously licensed, effective January 1, 2026. When this subparagraph applies, subparagraphs (b)—(d) of this Subsection (8) shall also apply. Exhibit A Created: 2024-12-09 08:36:57 [EST] (Supp. No. 34, Update 1) Page 3 of 14 (910) 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) a. 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 tThe Town Clerk's Office shall maintain a list of pending requests to have the opportunity to apply for a license for a particular property within these districts, ordered by priority for consideration for a license, as determined by lottery as described below. Applications held on such list (the "waitlist") shall be issuedmay receive licenses during the calendar yearafter the renewal period ends each year, as if licenses may have become available within the cap, as described below. 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. No vacation home application in a residential zoning district shall be valid except through the lottery and waitlist process. Positions on the waitlist are not transferable to other properties or applicants.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. b. Waitlist lottery. If, on February 1 of any year, immediately after the renewal period ends but before existing waitlisted requests are afforded the opportunity to apply for licenses, ten or fewer requests remain on the waitlist, the Town Clerk shall conduct a lottery to add requests to the waitlist. The Town Clerk shall give the public at least two weeks’ notice of the lottery, with a general description of entry requirements. A full application is not required for entry into the lottery, but the Town Clerk shall determine the form of the lottery entry and associated request, and all the information required, including the names of the prospective licensee(s). No more than one entry shall be made per dwelling unit; any dwelling unit receiving multiple entries is disqualified from the lottery. No more than two prospective licensees shall be listed for any entry. The Town Clerk shall assess a fee of fifty dollars per entry into the lottery. The Town Clerk may use any randomization method to conduct the lottery, with the aim of achieving reasonably random results. The Town Clerk may create rules, protocols, and interpretations for the lottery as the Town Clerk determines necessary to ensure a fair and orderly process. The Town Clerk shall afford a greater chance of winning to entries for properties entered consistently in previous lotteries by the same entrants, in the amount of an additional entry’s chance of winning for each failed entry in past consecutive lotteries including the lottery immediately prior. Winning requests shall be added to the end of the waitlist in the order they are drawn, populating the waitlist up to a total of thirty applications, including any applications already on the waitlist. If a lottery occurs in a given year, the opportunity to apply for licenses will not be available until the lottery is complete. Exhibit A Created: 2024-12-09 08:36:57 [EST] (Supp. No. 34, Update 1) Page 4 of 14 c. Opportunity to apply. After February 1 each year, or after the lottery if one occurs in that year, if there are fewer existing licenses in residential zones than the cap number, the Town Clerk shall notify the prospective licensees for the requests highest on the waitlist, in the number which would bring the number of existing licenses up to the cap number, that their request has successfully completed the lottery and waitlist process and they have the opportunity to apply for a vacation home at the location specified in the lottery request. The Town Clerk may accomplish this notice by email, at the address(es) listed in the successful lottery entry. The Town Clerk may also establish procedures to update email addresses for waitlisted requests. The Town Clerk’s notice of opportunity to apply shall include or direct the recipients to an application form. Applications must be delivered to the Town Clerk in the manner the Town Clerk specifies within 14 days of the date of the notice in order to be valid. Upon receiving such an application which the Town Clerk determines to be complete, valid, and timely, including all required fees and deposits, the Town Clerk shall issue the applicant a registration packet as described in subsection (a)(5) of this section. Such applications will be eligible for licenses if the registration packet and all other requirements are timely completed and fees paid. No other waitlisted requests will be eligible for licenses that year. d. Bed and breakfast inn transition. Any property in any zoning district licensed as a bed and breakfast inn on May 23, 2023 and continually so licensed thereafter shall be eligible to apply for a vacation home license until January 31, 2026 without regard to the residential cap or the waitlist, and without need for entry into a lottery. The Town Clerk shall consider any such pending applications in residential zones as existing licenses for the purpose of determining whether the cap has been reached and therefore whether licenses are available to be granted for requests on the waitlist. Once licensed as a vacation home, the license is renewable under the process applicable to other licenses. It is not transferable but governed under subsection (c)(1)(b), below. If the Town Clerk has not received a complete and sufficient application by January 31, 2026, the property if residentially zoned will be subject to the lottery and waitlist provisions of this Section. (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, 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. 1. 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, except as described below. Such application shall be subject to any applicable lottery and waitlist. 2. Such non-transferable licenses may be held only by natural persons. The property itself need not be owned by a natural person. This is an exception to the general requirement that a business license be held by the business owner, as described in section 5.20.040. To hold such a license in a home not owned directly by the applicant, the applicant must demonstrate an ownership interest in the entity owning the property, to the reasonable satisfaction of the Town Exhibit A Created: 2024-12-09 08:36:57 [EST] (Supp. No. 34, Update 1) Page 5 of 14 Clerk. Up to two natural persons may be listed as licensees on such a license at the time of licensure, but not later, if each so demonstrates an interest at time of application. Failure to submit sufficient evidence demonstrating the ownership interest (including the interest of each applicant, if there are two) at time of application shall result in the application being deemed incomplete and ineffective. If two natural persons are listed as license holders, either may be removed by mutual request or upon the request of a surviving licensee, but neither may be replaced. Estates of licensees shall not be eligible to hold such licenses. 3. Transitional provisions. Such non-transferable licenses held by an entity other than a natural person since prior to October 14, 2025 may continue to be held by such entities until the completion of renewal for the 2027 license year (culminating on January 31, 2027). These licenses may not be transferred to other entities that are not natural persons. They may be transferred to natural persons meeting the requirements and under the procedures of subparagraph (b)(2) above at any time up to and including the renewal period for the 2027 license year, but only one such transfer during such time shall be allowed. Such a transfer shall be permitted as part of the renewal process, but the responsibility for ensuring all appropriate documentation is timely submitted to facilitate the transfer shall rest with the licensee and transferee. Otherwise the renewal application will be considered incomplete and the license will expire. 4. If the licensee(s) are not identical to the owner(s) of the property, all licensees must certify and demonstrate to the Town Clerk's reasonable satisfaction, as part of the renewal application each year, that they retain an ownership interest in the property. Failure to submit sufficient and updated evidence demonstrating the ownership interest (including the interest of each applicant, if there are two) at time of the renewal application shall result in the renewal application being deemed incomplete and ineffective. 5. If the licensee(s) are not identical to the owner(s) of the property, each licensee is also responsible for each responsibility of the property owner under this Section, and any violation by the property owner under this Section is also a violation by each licensee. (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) Transfer Aapplication required upon transferchange of property ownership. a. For transferable licenses. 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)(a) 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. Failure to file a transfer application by such deadline results in the automatic expiration of the license, and such license may not be renewed. b. For non-transferable licenses. If the owner of the real property changes during the annual period for which the vacation home or bed and breakfast inn has been licensed, and the license itself is ineligible for transfer as described in paragraph (1)(b) above, all licensees for the property must file an application to confirm that they remain eligible to hold the license upon the transfer of the property. This transfer application must be filed within thirty (30) days of transfer of ownership. Licensees must also continue to 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 Exhibit A Created: 2024-12-09 08:36:57 [EST] (Supp. No. 34, Update 1) Page 6 of 14 Town acts on the transfer application. Failure to file a transfer application by such deadline results in the automatic termination of the license, and such license may not be renewed. c. a. Transfer fee. An application to transfer a license or confirm continuing eligibility after property transfer under (a) or (b) above 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 license 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 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 Exhibit A Created: 2024-12-09 08:36:57 [EST] (Supp. No. 34, Update 1) Page 7 of 14 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 or bed and breakfast inn property. 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 (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. Exhibit A Created: 2024-12-09 08:36:57 [EST] (Supp. No. 34, Update 1) Page 8 of 14 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 innkeeper 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 on a nightly basis 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 local representative, and shall be made available to the Town or any other appropriate regulatory entity upon request. A vacation home may also include primary residents of the same dwelling unit occupying the premises at the same time as nightly guests. All limitations on occupancy of vacation homes, including as described in paragraphs (5) and (6) above, shall apply to the cumulative total of nightly guests and residents. All regulations in this Code and the Development Code pertaining to vacation home guests shall apply equally to vacation home residents. 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. Exhibit A Created: 2024-12-09 08:36:57 [EST] (Supp. No. 34, Update 1) Page 9 of 14 (14) In the CD Downtown Commercial zoning district, vacation homes and bed and breakfast inns shall not be located on the ground floor of a building fronting on Elkhorn Avenue. (15) Except as described in this section, Hhome 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. (16) Additional operating requirements for bed and breakfast inns. a. The innkeeper of a bed and breakfast inn must reside on the premises when the bed and breakfast inn is in operation. b. The innkeeper must actually reside on the bed and breakfast inn premises at least nine (9) months of the year. c. To reside on the premises for the purposes of this paragraph (16) means to reside in the same dwelling unit, as defined in the Estes Park Development Code, as the bed and breakfast inn. The innkeeper must not reside in a space that qualifies as a dwelling unit distinguishable from the dwelling unit constituting the bed and breakfast inn. d. The innkeeper must be readily accessible in person to guests at all reasonable times; must regularly interact in person with all guests; and must be available to guests immediately or within thirty (30) minutes, in person, in case of emergency. e. The innkeeper must offer all guests of the bed and breakfast inn a fresh-cooked breakfast prepared on site for each night of the guest's occupancy, at no charge other than the fee for the lodging accommodations. The meal shall be noted as included with the fee in all advertisements and listings for the lodging. f. Any new application or application for renewal for a bed and breakfast inn may include up to three (3) individuals who collectively shall satisfy the obligations of the innkeeper under this Section; provided however, that if more than one (1) individual is designated, (i) the application shall provide a single set of contact information, in the form required by the Town Clerk, which shall immediately reach whichever individual is acting as the innkeeper at that time, and (ii) the application shall include a schedule of when each individual is planned to act as the innkeeper over the license year and subsequent renewal period. Any such application information may be amended during the license year, with repayment of the business license fee as a reprocessing fee. g. Multiple parties. Bed and breakfast inns are intended to be rented out room-by-room, to multiple parties. One (1) sleeping room of a bed and breakfast inn must be occupied by the innkeeper and not guests. A bed and breakfast inn with more than two (2) sleeping rooms must advertise and rent the premises on a per-sleeping-room basis, with no prohibition or discouragement of multiple parties lodging at the same time within the bed and breakfast inn. h. The application for a bed and breakfast inn must include a drawing, in the form required by the Town Clerk, displaying the areas of the property (i) utilized by the guests exclusively, except as needed for cleaning, (ii) utilized exclusively by the innkeeper, and (iii) utilized by both as common areas. Operation of the bed and breakfast inn shall adhere to this representation. i. No location of a bed and breakfast inn may also be the location of a vacation home. ji. The requirements of paragraph (16) shall apply to all bed and breakfast inns first licensed after May 23, 2023. They shall apply to all bed and breakfast inns, including those previously licensed, effective January February 1, 2026. Exhibit A Created: 2024-12-09 08:36:57 [EST] (Supp. No. 34, Update 1) Page 10 of 14 (17) [Reserved.] (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. It is a violation of this Section for any person to advertise, market, or represent as open for business or occupancy any vacation home or bed and breakfast inn without already holding the applicable license; each day for which a property is advertised, marketed, or represented as open for business or occupancy shall be considered a separate offense. 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, licensees, and local representatives shall be jointly and severally liable for all violations under this Chapter attributable to eitherany. Remedies for a violation may also be sought against both amore than one property owner, licensee, and a local representative, cumulatively, where both more than one is 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). Exhibit A Created: 2024-12-09 08:36:57 [EST] (Supp. No. 34, Update 1) Page 11 of 14 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. f. Any person advertising, marketing, or representing as open for business or occupancy any vacation home or bed and breakfast inn without already holding the applicable license shall be fined the maximum amount permissible under Chapter 1.20, recognizing that remedies may be continuing as described in subsection (f)(4) above and each day for which a property is advertised, marketed, or represented as open for business or occupancy shall be considered a separate offense. (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: 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) Any property which has operated as a vacation home or bed and breakfast inn without the applicable license, or which has been advertised, marketed, or represented as open for business or occupancy as a vacation home or bed and breakfast inn without already holding the applicable license, in the written determination of the Town Clerk, shall be ineligible to receive a vacation home or bed and breakfast inn license, enter a vacation home lottery, or remain or be placed on the waitlist, for a period of five years. The Town Clerk shall memorialize this result by notifying the property owner by ordinary U.S. Exhibit A Created: 2024-12-09 08:36:57 [EST] (Supp. No. 34, Update 1) Page 12 of 14 mail to the owner on file with the county assessor, and may record the notice with the county clerk and recorder. (87) 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, or a notice of ineligibility under subsection (f)(7) above, 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. For appeals from ineligibility determinations under subsection (f)(7) above, the hearing officer shall determine whether the Town Clerk’s determination of a violation was reasonable. 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. 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. Exhibit A Created: 2024-12-09 08:36:57 [EST] (Supp. No. 34, Update 1) Page 13 of 14 (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. (11) The fee appropriately applies to vacation homes whether or not primary residents occupy the premises in addition to nightly guests. The national model used to design the Study included data from listings of both entire homes and shared rooms. Furthermore, vacation home licensees have the option of switching between hosting a resident and hosting only nightly guests, with no specific notice or approval required. The fee is warranted because the licensee retains the discretionary right to maintain a commercial enterprise that hosts no residents, with the resultant impacts to housing within the Town as determined by the Study. Finally, the Town does not have the resources to continually monitor whether a home is truly occupied by a primary resident and consider altering the fee accordingly. (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 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 Exhibit A Created: 2024-12-09 08:36:57 [EST] (Supp. No. 34, Update 1) Page 14 of 14 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. 11/18/2025 1 Amending Chapter 5.20 Regarding Vacation Homes and Bed & Breakfasts Town Board of Trustees November 12, 2025 Why Are We Here? Hosted Vacation Homes Waitlist Transferability Miscellaneous 1 2 11/18/2025 2 Hosted Vacation Home Amendment would allow a home to be either hosted or unhosted throughout the term of the license Local representative was updated to allow the primary resident to act as the representative for hosted vacation homes Compliance check to ensure against illegal duplexes or accessory dwelling units (ADU) on the premise Workforce Housing Regulatory Linkage Fee applicable to both hosted and unhosted vacation homes Bed and breakfast inn transition licensed on May 23, 2023 and continually so licensed thereafter shall be eligible to apply for a vacation home license without regard to the residential cap or the waitlist, until January 31, 2026 Residential Waitlist Lottery and waitlist with a cap Establish a lottery process for residentially zoned vacation homes and a reasonable cap on the list February 1st of each year in which the waitlist has 10 or fewer Simplified application with $50 application fee No more than one entry per property Greater chance provided for those applying for the lottery in consecutive lotteries for the same property 3 4 11/18/2025 3 Miscellaneous Amendments Vacation home application deposit Add a non-refundable deposit for vacation home applications Deposit to be applied to the initial application fee if the licensee completes the application process Fee would partially offset staff time in managing the application process Advertisement of a vacation home without a license A violation to advertise, market, or represent as open for business without a business license Maximum penalty imposed Not eligible for 5 years to apply or be placed on the waitlist Vacation Home Transferability The concern: Licensees of non-transferable licenses registering as LLCs and other entities, potentially facilitating evasion of the prohibition on transfer. June 10 Study Session direction: Consider transitioning the list of licensees of non-transferable licenses to natural persons only. Allow some transfers to family members. Staff to flesh out the concept and draft a list of eligible family members, for Board review at a future study session. 5 6 11/18/2025 4 Vacation Home Transferability Oct. 14 Study Session: Discussion of list of family members. Clarification that this only applies to non-transferable licenses, after the 2021 cutoff. Majority direction to draft an ordinance transitioning the list of licensees of non-transferable licenses to natural persons only. Do not include a provision allowing transfers to certain family members. Clarification that LLCs could retain ownership of the property but not be the named licensees. Vacation Home Transferability-Draft Ordinance Limit non-transferable license holders to natural persons. Licensee must demonstrate ownership interest in the home. Up to two natural persons can be on one license if they each hold an ownership interest. Require transition of existing licensees to natural persons in the 2027 renewals. If property ownership changes, licensees must demonstrate a continued ownership interest. 7 8 11/18/2025 5 Board Discussion/Direction & Questions 9 The Town of Estes Park is committed to providing equitable access to our services. Contact us if you need any assistance accessing material at 970-577-4777 or townclerk@estes.org. Memo To: Honorable Mayor Hall & Board of Trustees From: Town Administrator Machalek Department: Town Administrator’s Office Date: November 12, 2025 Subject: Resolution 99-25 Restated Intergovernmental Agreement for the Estes Park Local Marketing District Type: Contract/Agreement Objective: Town Board consideration of a restated intergovernmental agreement (IGA) with Larimer County regarding the operations of the Estes Park Local Marketing District Visit Estes Park). Present Situation: On May 6, the Town Board and Board of County Commissioners met for a joint session to discuss Visit Estes Park (VEP). One of the agenda items at that meeting was a review of the IGA between the Town and the County that formed VEP and continues to guide its operations. Per Town Board direction, Town Attorney Kramer and I worked with County Attorney Ressue and County Manager Volker to review the current IGA and draft proposed changes. The current IGA is contained in two documents: the 2019 IGA and the 2023 Amendment to the IGA (both attached for reference). At the May 27 Town Board Study Session, the Board discussed proposed changes to the IGA at a conceptual level. Town Attorney Kramer and I took the Board’s feedback from that meeting and worked with County Attorney Ressue and County Manager Volker to create the proposed Restated Intergovernmental Agreement for the Estes Park Local Marketing District. The Board discussed the draft restated IGA at the October 14 Study Session. Two primary edits were suggested: clarification that each governing body must take independent action to approve VEP’s bylaws and operating plan, and a change to the timeline for submittal of VEP’s line-item budget to each governing body. Proposal: The restated IGA reflects three changes based on the October 14 Town Board Study Session: Added language in Section 6.8 to clarify that both governing boards need to approve the bylaws for VEP; Modified the line-item budget requirement in Section 8 to require VEP to submit the organization’s line-item budget by December 31 (through the creation of a new Section 8.6); and Added language in Section 8.3 to clarify that both governing boards need to approve VEP’s Annual Operating Plan. Additionally, the IGA sets a March 2, 2026 deadline for the VEP Board of Directors to review and approve its bylaws and present the updated bylaws to the Town and County for consideration and approval. Changes made after the October 14 Town Board Study Session are redlined in the attached copy of the IGA. Previously discussed significant modifications include: Clean up of the provisions for elections if VEP seeks or is required to submit any question to an election. (Section 5) Reduction in the number of VEP Directors through natural attrition from seven to five, with three Town-appointed Directors and two County-appointed Directors. Section 6.2) Addition of a requirement that two of the Town appointees shall be chosen from the Town Board and that one County appointee shall be chosen from the Board of County Commissioners. (Section 6.3) Creation of a new quorum of three Directors and requirement for three affirmative votes for the VEP Board to act. (Section 6.9) A change to the process for removing an appointed Director. Instead of requiring a majority of the collective governing members of the County and the Town to remove a member of the VEP Board, the Town may remove any Town appointee, and the County may remove any County appointee. (Section 6.13) Creation of a Marketing Advisory Committee and a mechanism for current VEP Directors to transition to that Committee without an interview. (Section 7) Addition of a requirement for VEP to include a policy and bylaw compliance report for the previous 12-month period in the annual Operating Plan. (Section 8.1) Addition of a requirement for a majority vote of each entity to terminate the IGA and dissolve VEP. (Section 10.1) Advantages: Properly aligns the power to remove a VEP Board member with the governing board that made the appointment. Addresses concerns expressed about the VEP Board’s focus on governance by requiring three elected officials to serve on the VEP Board and adding requirements to the annual Operating Plan. Creates a Marketing Advisory Committee to provide detailed feedback on the development and implementation of marketing strategies. Cleans up and restates the Town and County’s agreement for the operation of VEP. Disadvantages: Adds additional requirements for elements of the Operating Plan, which will take more time for VEP staff to assemble. Action Recommended: Staff recommends approval of Resolution 99-25. Finance/Resource Impact: No direct budget impact. Level of Public Interest: High. Sample Motion: I move to approve/deny Resolution 99-25. Attachments: 1. Resolution 99-25 2. Restated Intergovernmental Agreement for the Estes Park Local Marketing District Redlined 3. 2019 Intergovernmental Agreement for the Estes Park Local Marketing District 4. 2023 Intergovernmental Agreement for the Estes Park Local Marketing District RESOLUTION 99-25 A RESOLUTION APPROVING A RESTATED INTERGOVERNMENTAL AGREEMENT WITH LARIMER COUNTY FOR THE ESTES PARK LOCAL MARKETING DISTRICT WHEREAS, the Town of Estes Park and Larimer County entered into an Intergovernmental Agreement for the formation and function of the Estes Park Local Marketing District (“District”) in August, 2008, and such agreement was amended by the Parties via written agreements dated September 19, 2017, January 1, 2019, and January 1, 2023 (collectively the “IGA”); and WHEREAS, by this Restated Intergovernmental Agreement the Town and County desire to amend the IGA to incorporate provisions regarding governance of the District, and otherwise update the terms of the IGA. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: The Board approves, and authorizes the Mayor to sign, the intergovernmental agreement referenced in the title of this resolution in substantially the form now before the Board. DATED this 14th day of November, 2025. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk APPROVED AS TO FORM: Town Attorney Attachment 1 RESTATED INTERGOVERNMENTAL AGREEMENT FOR THE ESTES PARK LOCAL MARKETING DISTRICT This Restated Intergovernmental Agreement for the Estes Park Local Marketing District is effective ________________, 2025 ("Effective Date"), and made between the Town of Estes Park, Colorado ("Town") and the Board of County Commissioners of Larimer County, Colorado County"). The Town and County may each be referred to as a “Party” and collectively as the Parties.” WHEREAS, the Local Marketing District Act, C.R.S. 29-25-101 et seq., provides for the organization, governance, and operation of local marketing districts (the "Act"); and WHEREAS, pursuant to the Act, local governments in combination may create a local marketing district by contract to exercise the functions authorized by the Act following receipt of a petition for the organization of a local marketing district from the requisite number of owners of commercial real property in the proposed service area. WHEREAS, following receipt of a proper petition for organization of a marketing district, in August 2008 the Town and County signed an Intergovernmental Agreement forming the Estes Park Local Marketing District (“District”), and such agreement was amended by written amendments dated September 19, 2017, January 1, 2019, and January 1, 2023; and WHEREAS, at the general election on November 4, 2008, the voters of the District approved a two percent (2%) marketing and promotion tax on the purchase price paid or charged to persons for rooms or accommodations; and WHEREAS, at the general election on November 8, 2022, the voters of the District approved an additional three and one-half percent (3.5%) marketing and promotional tax to be used in furtherance of affordable workforce housing and childcare services, and such additional tax revenue is administered by the Town; and WHEREAS, the Town and County desire to enhance the focus of the District’s governing board on the exercise of governance and oversight; and WHEREAS, in furtherance of the purposes of the Act and the efficient and effective operation of the District, the Town and County desire to amend and restate the IGA. NOW, THEREFORE, for good and valuable consideration received and to be received, the Town and County amend and restate their agreement forming and defining the operations of the District and as follows: 1.Restated Agreement. This Restated Intergovernmental Agreement for the Estes Park Local Marketing District (“Agreement”) amends and fully restates and replaces the August 2008 agreement between the Town and County forming the District, including amendments in 2017, 2019, and 2023. Attachment 2 2.Name and Purposes. The name of the District is the Estes Park Local Marketing District. The purpose of the District is to promote the health, safety, prosperity, security, and general welfare of the inhabitants and the property owners of the District and promote the continued vitality of commercial business areas within the Town and County, including support for affordable workforce housing and child care services. 3.Boundaries of Service Areca. The Service Area of the District is the geographical area described and depicted on Exhibit "A" to this Agreement. 4. Powers. The powers of the District include those expressly set forth in C.R.S. 29-25-111 and 112, and those powers impliedly necessary to implement and carry out the express powers, except as otherwise provided in this Agreement. 5.Elections. 5.1. Should the District seek or be required to submit any question to an election, such election shall be held in accordance with Colorado Constitution Article X, Section 20, the Uniform Election Code of 1992, C.R.S. 1-1-101 et seq., and/or the Colorado Local Government Election Code, C.R.S. 1-13.5 110 et seq., as applicable. 5.2. The Town Clerk and the County Clerk and Recorder shall assist the District in conducting elections. 5.3. The District shall pay the costs incurred in conducting District elections. 5.4. The Town Clerk shall be the designated Election Official for District elections. 5.5. The District shall be responsible for certifying ballot issues and entering into the agreement Concerning Election Services with the County Clerk and Recorder for purposes of conducting an election as part of a coordinated General Election. 5.6. The District shall be responsible for all other election related responsibilities related to District elections. 6.Board of Directors for the District. 6.1. Powers. The Board of Directors for the District shall have the legislative power of the District and is authorized to implement and carry out the annual operating plan approved by the Town and County. 6.2. Number. The Board of Directors shall be comprised of five (5) Directors. The Board was originally formed with and currently seats seven (7) Directors, and therefore the Board composition must be reduced by two (2) Directors. This reduction shall occur over time when each of the next two (2) existing Town appointed seats on the Board not held by members of the Town Board of Trustees will dissolve as they become vacant through expiration of a term or otherwise. Before or upon expiration of these two seats, the outgoing Directors shall have the option to request transition to membership on the Marketing Advisory Committee immediately upon its formation without completing an interview process. 6.3. Appointment. The appointment of Directors of the Board shall be as follows: 6.3.1. The Town shall appoint three (3) Directors. Two (2) of the Town appointees shall be chosen from the Town of Estes Park Board of Trustees. The third Town appointee shall not be a member of the Town Board and shall be appointed by the Town in compliance with eligibility requirements in this Section 6. 6.3.2. The County shall appoint two (2) Directors. One County appointee shall be chosen from the Board of County Commissioners. The second County appointee shall not be a member of the Board of County Commissioners and shall be appointed by the County in compliance with eligibility requirements in Section 6. The County need not replace their current appointees with a County Commissioner but may await the expiration of those terms, currently sent to expire at the end of 2027. 6.3.3. For the two appointees who are not elected officials of the Town or County, preference may be given to applicants involved in the lodging industry in the Estes Valley at the discretion of each appointing authority. 6.4. Term. The three (3) Directors who are also an elected Town Trustee or County Commissioner shall serve terms that correspond with their elected terms of office and their appointment by their respective board. The other two (2) non-elected Directors shall serve terms of four (4) years each, staggered so that a term expires every two (2) years. Given that the remaining Town-appointed seat not held by a Town Board member would otherwise be set to expire at the end of 2030 and the County-appointed seats are currently set to expire at the end of 2027, this staggering will be accomplished by reducing the next term of the remaining Town-appointed seat that is not filled by a Town Board member to three years, for one term only, expiring December 31, 2029. 6.5. Term Limit. The three (3) Directors who are also an elected Town Trustee or County Commissioner shall have term limits that correspond with their elected office. The other two (2) non-elected Directors may serve no more than two (2) consecutive terms; however, the Town or County may waive this term limit for their respective appointees upon finding there are no qualified applicants to fill a vacancy. 6.6. Residency. Each Director, except for the County appointee who is a County Commissioner, shall be a resident of the Service Area of the District for at least one (1) year prior to their appointment and shall continue to be a resident of the Service Area during their entire term. 6.7. Officers. The officers of the Board of Directors shall consist of a Chair and a Vice- Chair. Each officer shall serve for one (1) year commencing with the first meeting in January of each year. The Chair and Vice-Chair may serve for two (2) consecutive one- year terms. The Chair and Vice-Chair shall be elected by the members of the Board of Directors. The Vice-Chair shall serve as the Chair in the absence of the Chair. 6.8. Bylaws. The Board of Directors for the District shall adopt bylaws that are consistent with the terms of this Agreement and any amendments, and act in conformity with such bylaws. Following adoption by the District Board, such bylaws, including any amendments, shall become effective upon approval by both the Town and the County. No later than March 2, 2026, the Board of Directors shall review and approve its bylaws and present the updated bylaws to the Town and County for consideration and approval. 6.9. Quorum. Three (3) Directors shall constitute a quorum and shall be necessary for the Board to act. 6.10. Attendance. Directors shall attend all meetings, including special meetings. In the event any Director is absent for three (3) consecutive regular meetings or a total of four (4) regular meetings in a calendar year, the Director may be removed by their appointing body. 6.11. Vacancy. The Town or County shall fill vacancies of any of their appointed Directors as soon as practical. 6.12. Meetings. The Board of Directors shall hold regular meetings at least once each quarter and are encouraged to meet monthly and may hold special meetings as deemed necessary. Any special meeting may only be held upon clearing the proposed date and time with at least one of the County appointed Directors. Meetings of the Board of Directors shall be subject to the provisions of C.R.S. 24-6-401 et seq. (Colorado Sunshine Law) as applicable. The Board of Directors shall act by motion or resolution. 6.13. Removal. Directors serve at the pleasure of their appointing body and have no property or other enforceable interest in their appointment. The Town may remove any Town appointed Directors with or without cause, and the County may remove any County appointed Directors with or without cause. 7.Marketing Advisory Committee. 7.1. By December 31, 2025 the Board of Directors shall form a Marketing Advisory Committee, including operational documents that establish the structure and expectations for the Committee. 7.2. The Marketing Advisory Committee shall, at a minimum, be charged with advising the Board of Directors on the development and implementation of marketing strategies to achieve organizational goals as defined by the Board of Directors. This includes advising on the creation of marketing materials, social media, event planning, and reviewing the effectiveness of campaigns. The Committee may also play a key role in identifying potential sponsorships and partnerships and communicating with stakeholders as directed by the Board of Directors. The Marketing Advisory Committee shall be advisory only, and all direction and decisions of the District shall come from the Board of Directors. 7.3. The Board of Directors shall strive for the membership of the Marketing Advisory Committee to include, without limitation, a large hotel/motel owner (more than 20 rooms), a small hotel/motel owner (19 rooms or less), a vacation home rental owner or property manager, a non-lodging business owner, and an at-large community member. 8.Operating Plan. 8.1. The District shall file with the Town and with the County no later than September 30th of each year an Operating Plan specifically identifying services to be provided by the District, any Marketing and Promotion Tax to be levied by the District, a policy and bylaw compliance report for the previous 12-month period, and such additional information as may be appropriate or required to inform the Town and County as to the activities, services, and funding of the District in the upcoming calendar year. The Operating Plan shall include a proposed revenue and expenditure line-item budget for the next fiscal year. 8.2. The Town, County or both may require the District to supplement the Operating Plan, including the budget or any other component of the Operating Plan, as they may deem necessary or advisable. 8.3. The Town and County shall review the Operating Plan within thirty (30) days after receipt of the Operating Plan and all requested documentation and supplements relating thereto, and each shall approve, modify or disapprove the Operating Plan no later than December 5th of the year in which such documents are filed. 8.4. The services and financial arrangements of the District shall conform so far as practical to the approved Operating Plan. 8.5. The District may amend the Operating Plan from time to time with the approval of both the Town and County. 8.5.8.6. As a complement to the Operating Plan, the District shall file with the Town and with the County the District’s proposed line-item budget as soon as it is filed with the District’s Board of Directors. The District shall also file with the Town and with the County the District’s approved line-item budget for the coming fiscal year by December 31 of each year. 9.Workforce Housing and Childcare Funding Plan. 9.1. The Town shall file with the County no later than November 1st of each year a Workforce Housing and Childcare Funding Plan (“Workforce Plan”) that references the estimated revenues expected to be received from the District in the following year from the 3.5% marketing and promotional tax dedicated to workforce housing and childcare, as outlined in the District’s proposed Operating Plan, and how the Town plans to use those funds to address workforce housing and childcare issues in the Estes Valley. The Workforce Plan is expected to be a brief and broad overview of funding allocations and priorities and need not detail each property expected to be served nor each action expected to be taken. 9.2. The County shall approve or request changes to the Workforce Plan no later than December 1st of the year in which such documents are filed. If changes are requested, a joint meeting of the Town and County will be held to come to agreement on the contents of the Workforce Plan by January 31st of the year following the year in which such documents are filed. In the event changes are requested and a Workforce Plan has not been approved by December 31st of the year the documents are filed, the Workforce Plan approved for the prior year shall be extended on an interim basis into the following year until the new Workforce Plan is approved. 9.3. The services and financial arrangements related to the lodging tax revenue received by the Town from the District shall conform so far as practical to the approved Workforce Plan. 9.4. The Town will have budgetary authority and responsibility for the funds within the scope of activities identified in the Workforce Plan. 10.Duration and Dissolution of the District. 10.1. The District shall remain in effect until and unless on or before July 1st of any calendar year, the Town and the County agree by majority vote of each entity that this Agreement shall be terminated. In such event, the District shall automatically terminate on December 31st of the year in which the respective elected bodies agree to terminate this Agreement. 10.2. Notwithstanding the foregoing, neither this Agreement nor the District may be terminated, repealed or rescinded so long as the District has any outstanding financial obligations. 11.Distribution and Division of District Assets. 11.1. In the event of termination of the District pursuant to this Agreement or by order of any court having jurisdiction, all assets of the District shall be divided between the Town and County based upon the percentage of marketing and promotion tax collected from the Town and from the unincorporated area of the County in the previous calendar year to the extent feasible. 11.2. In the alternative, such assets may be sold for the best price obtainable and the proceeds divided between the Town and County based upon the percentage of marketing and promotion tax collected from the Town and from the unincorporated area of the County in the previous calendar year. 12.Notices. 12.1. All notices, demands or other documents required or desired to be given, made or sent to the Town or County under this Agreement shall be made in writing and shall be deemed effective upon mailing or personal delivery. 12.2. If mailed, said notices, demands or other documents shall be mailed, by regular mail, postage prepaid and addressed as follows: 12.2.1. To the Town: Town of Estes Park Attn: Town Administrator Post Office Box. l200 Estes Park, CO 80517 12.2.2. To the County: Board of County Commissioners of Larimer County Attn: Chair Post Office Box 1190 Fort Collins, CO 80522 13.Dispute Resolution. 13.1. Either Party may request mediation of any dispute arising out of this Agreement. Any such request shall be submitted in writing to the other Party. 13.2. The Parties shall attempt to mutually agree on a mediator, and if they are unable to agree, each Party shall choose a person who they believe is qualified to conduct the mediation, and those two persons shall agree on a mediator who shall conduct the mediation. 13.3. The Town and County shall participate in the mediation process in good faith, and such process shall be concluded within sixty (60) days of the date on which mediation was requested in writing. 13.4. If the dispute is not resolved by the mediation process, either or both Parties may specifically enforce any provision of this Agreement in a court of competent jurisdiction, and/or pursue any other remedy available by law. 14.Amendment. This Agreement may be amended in writing at any time by mutual agreement of the Town and County. 15.Governmental Immunity. The Town and County agree that both Parties are relying on and do not waive, by any provision of this Agreement, the rights, immunities and protections provided by the Colorado Governmental Immunity Act, C.R.S. 24-10-101 et seq., as may be amended from time to time, or otherwise available to the Parties or any of their officers, agents or employees. 16.Current Year Fiscal Obligations. No provision of this Agreement shall be construed or interpreted as creating a multiple fiscal year, direct or indirect debt or other financial obligation of either or both Parties within the meaning of any constitutional or statutory debt limitation. TOWN OF ESTES PARK, COLORADO By: Mayor Date Attest: Town Clerk Approved as to Form: Town Attorney BOARD OF COUNTY COMMISSIONERS OF LARIMER COUNTY, COLORADO By: Chair Date Attest: Deputy Clerk Approved as to Form: County Attorney Attachment 3 3/21/23, 12:35 PM Print Document https://dms.prdweb.lc.gov/OnBase/PrintHandler.ashx 1/2 Attachment 4 3/21/23, 12:35 PM Print Document https://dms.prdweb.lc.gov/OnBase/PrintHandler.ashx 2/2 November 7, 2025 Estes Park Board of Trustees 170 MacGregor Ave. Estes Park, CO 80517 Larimer County Commissioners 200 West Oak, Suite 2200 Fort Collins, CO 80521 Re: Proposed Amendment IGA Protecting the Proven Success of Visit Estes Park – Keep a Balanced Board Structure Dear Estes Park Town Trustees and Larimer County Commissioners, Tourism is the economic lifeblood of the Estes Park community. No other sector contributes as much to our town’s prosperity, job creation, and long-term vitality. Estes Park’s success has always come from the collaboration of the tourism business community and elected public officials, and not the consolidation of power in either. Great care should be exercised in protecting this essential collaboration. We all have a role to play in our mutual success. The Economic Power of Tourism in Estes Park Tourism is the driving force behind Estes Park’s economy—funded by visitors, not residents. In 2024 alone, visitors generated $510.8 million in direct travel spending, $29 million in local tax revenue (a 2.4% increase compared to 2023), supported 3,419 local jobs, and contributed 82% of the Town’s sales tax revenue. Tourists inject an average of $1.4 million into the local economy and produce $79,452 in local tax revenue daily, sustaining the amenities and quality of life that make Estes Park such a vibrant community to live, work, and visit. Without tourism, each resident household would pay an extra $5,110 annually to sustain public services and support workforce housing and childcare solutions. The Critical Role of Visit Estes Park Since its founding in 2009, Visit Estes Park (VEP) has been a cornerstone of Estes Park’s economic success. Funded solely by a 2% lodging tax paid by visitors, not residents, VEP’s strategic marketing and leadership have helped drive a 400% increase in town sales tax revenues, from $5.2 million in 2008 to $22 million in 2024. This can largely be attributed to VEP focusing on their mission to drive year-round economic growth through tourism, not just into our thriving summer season, but specifically through shoulder and winter season initiatives. This has helped local businesses generate revenue during the slower months by extending the summer season. Public Comment Received 2025-11-07 Beyond marketing, VEP has been instrumental in helping the community rebound from wildfires, floods, COVID-19, and other economic disruptions. While local governments focused on physical recovery, VEP led the charge on economic recovery - bringing visitors back, supporting local businesses, and restoring community vitality. The passage of 6e funding through VEP In 2022 exemplifies a successful public-private partnership, linking tourism revenue to vital community needs and fostering shared prosperity. This unprecedented partnership between the business community and local government demonstrates how public-private collaboration works when trust and balance exist. The approval of an added lodging tax of 3.5% (raising it to 5.5%) to address affordable housing and childcare needs for our working families is the first funded, comprehensive and long-reaching program to help solve a community crisis. This tax, supported by lodging businesses and applied to visitors rather than residents, has already generated over $16 million since 2023. It's projected to contribute more than 100 million over 20 years. Ensuring Careful Analysis Before Altering Board Structure The change to VEP Board structure being considered in the proposed amended IGA risks weakening the Estes Park Local Marketing District (LMD) board by undermining the balance of expertise and independence that make VEP effective. The proposed restructuring of the Visit Estes Park (VEP) Board would reduce representation by the tourism community on the Visit Estes Park Board. The board currently consists of seven directors, five appointed by the Town of Estes Park and two by Larimer County. Currently, this includes two appointed Town Trustees and an appointed Larimer County Commissioner on a seven-person Board. The four remaining citizen Board appointments represent 57% of the voting seats and are intended to reflect the interests and expertise of the business community in the marketing district. The Board seats would be reduced from seven to five, three of whom are elected officials controlling 60% of voting seats. This would shift voting control of the organization to elected officials. The proposed Marketing Committee would be limited to advisory input only, without any real control on the direction of the organization moving forward. This structure is not currently recommended as a successful strategy for organizing a Destination Marketing Organization. Professional industry standards recommend: Balanced Board Composition DMO boards balance public representation (20%) with private-sector experts (80%) to align community and industry goals. Role of Public Representatives Public members act as liaisons to help shape policy while minimizing political influence on long-term strategies. Private Sector Expertise Private sector members bring hospitality, branding, and data skills ensuring agility and responsiveness to tourism needs. Sustainable Tourism Vision This governance model fosters accountability and supports a long-term vision for sustainable tourism development. The Need to Build Community Consensus and Support To remain transparent, there should be meaningful outreach to local businesses, community organizations, and the current VEP Board. A change of this magnitude affects all community stakeholders. A written summary of the proposed changes was only shared with the VEP Board one day before it was discussed at the October 14, 2025 Town Trustee study session, leaving little opportunity for review or input. No public comment is allowed in these study sessions. Stakeholders outside of the Visit Estes Park Board have had even less notice of this proposed change. The first opportunity for public comment occurs only when the Town Trustees and Larimer County Commissioners are moving to approve the revised IGA. This process has advanced without proactive public engagement, through the Town and County Administrations. The administrators worked only with the input of elected officials without widening the scope of considerations to well established industry best practices. This unique organization is funded by lodging tax revenues from visitors, not residents and is unlike any other appointed board in Estes Park. The core success of VEP and its capacity to best serve the community is forever tied to the growth of lodging activity in the district. That requires participation by those closest to the tourism industry with hands on expertise in its growth and marketing outcomes. As a term limited VEP board member who has worked for eight years on this board, a long-term resident, business owner, and employer, I ask you to delay a decision on the proposed change in Board structure. Please take the time to engage and educate the public and all stakeholders who will be affected by so important a change in direction for our most vital industry. Our community deserves the most effective Visit Estes Park possible to serve our future. An incomplete process that does not consider all options available may create unintended consequences and reduced outcomes. I urge your consideration to: Pause the proposed restructuring of the VEP Board to keep a balanced board that includes elected officials and tourism-related experts. Engage with tourism and business leaders to review best practices and expert industry guidance on developing a Local Marketing District Board. There are more than 1,000 special marketing districts nationwide, including 25 in Colorado. There is extensive data available to help inform a thoughtful, successful governance approach. Revisit the 2019 study by consultant Sandy Hall, which offered guidance in this area. At the time, she said that there is extreme value in a trustee-appointed citizen board. According to Hall, such a board is more agile, better represents stakeholder interests, brings deeper expertise, and allows local jurisdictions to focus on their core responsibilities-public safety and welfare.” Update the earlier study with a current state of the industry evaluation of best practices for VEP. Take into account the history of the organization, its place in community, and especially the tourism business interests. Conclusion and Considerations As the single most important economic driver in Estes Park, impacting areas beyond town boundaries, it is essential to approach such significant changes with great care. I believe that this vital community infrastructure requires a more considered process, gathering input from both the industry and the community, and ensuring that industry’s best practices are accurately reflected in current recommendations. An addendum is attached outlining items of pertinent information for consideration. Thank you for your service and thoughtful consideration of what’s best for the long-term success of our community. Deborah Gibson, Estes Park Resident Addendum The Formation and History of Visit Estes Park In 2008, representatives from the Town of Estes Park held a series of public meetings to build community support for creating a Local Marketing District (LMD). The proposed district would be funded by a 2% sales tax on local lodging businesses only. At the time, there was strong opposition from many lodging owners who worried the tax would hurt their business and create unnecessary government bureaucracy, while not helping their bottom line. I was at these meetings and clearly remember these discussions. Lodging businesses were assured that they would have a strong voice and representation on the new LMD board, recognizing that: The LMD’s success would directly depend on the health of the lodging sector. Lodging operators, who collect the tax from guests, are primary stakeholders in tourism promotion. This structure aligned with other successful community LMDs. These assurances earned the lodging community’s support, which was critical to the ballot measure’s success. Without their support, it likely would not have passed. Voters approved the formation of the Estes Park Local Marketing District in 2009, and the organization, now known as Visit Estes Park, began operations in January 2010. The organization’s independent, industry-driven structure has allowed it to act quickly and effectively during crises, strengthening Estes Park’s resilience and ensuring a thriving, year-round economy. These achievements are directly tied to the board’s business-led structure and expertise which closely align with industry’s best practices. Stakeholders’ Board Presence Public Comment Received 2025-11-07 Since its start, VEP board has maintained strong representation from the lodging community. This structure has long been recognized as a best practice in destination marketing because the organization is funded by lodging tax revenue. Currently, the VEP Board is primarily composed of appointed directors active in local lodging and other tourism-related businesses. This model ensures that the organization’s strategies are informed by professionals with firsthand knowledge of the visitor economy and VEP stays accountable to the businesses that fund it while serving the broader goal of enhancing Estes Park’s tourism economy. With the Estes Park LMD being funded entirely by taxes paid by overnight guests, lodging owners and operators have a vested interest in strategic marketing decisions that sustain visitor demand and community economic vitality. Their success directly fuels VEP’s work, making their participation essential to both accountability and impact. Strong lodging participation on the VEP board ensures alignment, accountability, and a unified vision for the sustainable future of our community. Lodging representatives are not just stakeholders; they are stewards of the visitor economy. A healthy DMO board model includes one or two elected officials in a liaison role, along with a diverse group of tourism and tourism-adjacent leaders including hoteliers, restaurateurs, attraction owners, chamber representatives, and financial or community partners. This balance ensures the DMO stays connected to both the business realities of tourism and the broader community/public interest. Key reasons this balanced structure matters: Specialized Expertise: DMOs require knowledge in marketing, hospitality, data analysis, and destination development that elected officials may not have. Reduced Political Influence: A board dominated by elected officials risks subjecting long-term tourism strategy to short-term political cycles. Accountability and Transparency: A mixed board encourages public-private collaboration and ensures accountability to both government and private-sector stakeholders. Economic Consequences: A less effective DMO directly impacts jobs, tax revenue, and local business sustainability—especially during downturns or disasters. Long-Term Vision: Industry experts help keep consistent, strategic efforts focused on sustainability, competitiveness, and community benefit. Elected officials play an essential and valued role within this model. Their involvement helps: Shape policy and funding mechanisms that support the DMO’s work. Maintain a connection to community priorities, ensuring tourism benefits residents as well as visitors. Serve as an official bridge between local government and the DMO’s operational and strategic goals. The most effective DMOs operate with a governance structure that balances public representation with private- sector expertise, and are government-supported, not government-run. This ensures tourism development stays sustainable, strategic, and beneficial for the entire community. The Town of Estes Park is committed to providing equitable access to our services. Contact us if you need any assistance accessing material at 970-577-4777 or townclerk@estes.org. Memo To: Honorable Mayor Hall & Board of Trustees Through: Town Administrator Machalek From: Tammy Zimmerman, Finance Director Department: Finance Date: November 12, 2025 Subject: Revised Finance Policy 601 Type: Action Objective: Finance staff is seeking Town Board approval to amend Finance Policy 601 to update organization spending authority and defined limits for purchase order and contract change orders. Present Situation: Currently, Policy 601 outlines spending authority by specific position titles within each department. It does not address spending authority for purchase order or contract change orders. Any position or title change that impacts purchasing authority requires separate Board approval. Proposal: The proposed amendments to Policy 601 would delegate authority to the Town Administrator to assign departmental spending limits, removing the need for Board action when position titles change. The Town Administrator and Town Attorney would retain their current $100,000 spending authority limits. In addition, the policy would establish clear thresholds for change orders. Department Directors would be authorized to approve change orders up to a limit set by the Town Administrator, not to exceed 50,000, or to the amount previously authorized by a Board resolution. Advantages: These revisions would streamline purchasing processes and avoid unnecessary delays related to administrative changes. They would also provide clearer authority for managing change orders, improving accountability and tracking for project spending. For large construction projects, the ability to use Board-approved contingency amounts more efficiently could prevent costly project delays. Existing exceptions would remain in place for expenditures approved during the annual budget process, such as insurance claims and premiums, debt obligations, utility payments, purchased power and water rights, payroll taxes and withholdings, and other specifically authorized items. Disadvantages: If the policy is not amended, any future changes in position titles that involve purchasing authority would require individual Board approval. Furthermore, change order authority would remain undefined and more restrictive, particularly for staff managing large or complex projects. Action Recommended: Finance staff recommend Town Board approve the proposed revisions to Policy 601. Finance/Resource Impact: There is no budgetary impact. The revisions are intended to enhance operational efficiency and ensure that staff have clear and appropriate spending authority as defined by policy. Level of Public Interest: Low interest Sample Motion: I move for the approval/denial of the revisions to Finance Policy 601. Attachments: 1. Revised Policy 601 2. Revised Policy 601 redline 11/12/25 Page 1 of 3TownofEstesPark, Finance Effective Period: Until superseded Review Schedule: Annually Effective Date: 11/12/25 References: Financial Policies Manual 601 FINANCE 601 Purchasing Policy - Spending Authority & Limits 1.PURPOSE a.To ensure that the best values for goods and services are obtained when using Town Funds. b.To efficiently delegate spending authority/responsibilities to Town Staff so that Purpose "a" can be achieved. 2.POLICY a.Purchasing Threshold Limits The Town of Estes Park Board of Trustees authorizes the Town Administrator and Town Attorney with a purchasing limit of $100,000 and authorizes the Town Administrator to set and administer the purchasing limits for department job titles/ roles, provided that they are no greater than $50,000. Exceptions to the Town Administrator spending limits include: 1.Expenditures approved by the Board through the annual budget process for insurance claims and premiums 2.Debt obligations 3.Utility payments 4.Continuing purchased power and water right payments 5.Payroll tax and withholding payments 6.Other specific Board approved expenditures b.Change Order Limits 1.Purchase Order change orders usually arise from added shipping and fee costs, or when additional products or services are needed. These changes must be approved and signed by an employee authorized at the revised spending level. 2.Contract Change Orders usually result from changes in plans or specifications after contract execution or when there is a need to increase or decrease the scope of work or materials. Attachment 1 11/12/25 Page 2 of 3TownofEstesPark, Finance 3.Contingency refers to an amount approved by the Town Board that exceeds the awarded contract value to accommodate unforeseen costs. 4.Change Order Thresholds. a.Department Directors may authorize change orders until the amended contract or purchase order reaches the limit set forth by the Town Administrator, except when an applicable Board- approved resolution sets a different limit, in which case the Board-specified limit will control. b.The Town Administrator is authorized to sign and approve any change orders up to $100,000, even if the resulting amended contract exceeds the Town Administrator’s signature authority. When a resolution approved by the Town Board sets a different limit, that limit will control. c.Change orders that result in the total exceeding contingency set by the Town Board will require presentment and approval by the Town Board. 3.PROCEDURE Administrative procedural guides have been developed to outline processes for Town purchases. These are outlined under the Purchasing Policies, which are approved under the authority of the Town Administrator. The purchasing limits set forth in this policy and specific Town Board approved Resolutions for on-call contracts apply only at the formal contract/ purchase order level, not the individual partial payment level. If a formal contract or purchase order is executed, the purchasing authority limit applies at that level. Subsequent partial payment invoices on these properly approved contracts or purchase orders can be approved for payment by the appropriate manager or department director level, regardless of the amount of the partial payment invoice. Approved: Date Document Spending Authority & Limits Revisions: 5 05/28/2024 11/12/25TownofEstesPark, Finance Effective Period: Until supercededsuperseded Review Schedule: Annually Effective Date: 05/28/2024 11/12/25 References: Financial Policies Manual 601 FINANCE 601 Purchasing Policy - Spending Authority & Limits 1. PURPOSE a.To ensure that the best values for goods and services are obtained when using Town Funds. b.To efficiently delegate spending authority/responsibilities to Town Staff so that Purpose "a" can be achieved. 2. POLICY a.Purchasing Threshold Limits The Town of Estes Park Board of Trustees authorizes the Town Administrator and Town Attorney each to spend up toa of $100,000 and authorizes the Town Administrator to set and administer the purchasing limits for department job titles/ roles, provided that they are no greater than $50,000.. Exceptions to the Town Administrator spending limits include: 1. Expenditures approved by the Board through the annual budget process for insurance claims and premiums 2. Debt obligations 3. Utility payments 4. Continuing purchased power and water right payments 5. Payroll tax and withholding payments 6. Other specific Board approved expenditures b.Change Order Limits 1.Purchase Order change orders usually arise from added shipping and fee costs, or when additional products or services are needed. These changes must be approved and signed by an employee authorized at the revised spending level. 2.Contract Change Orders usually result from changes in plans or specifications after contract execution or when there is a need to increase or decrease the scope of work or materials. Attachment 2 Document Spending Authority & Limits Revisions: 5 05/28/2024 11/12/25TownofEstesPark, Finance 3. Contingency refers to an amount approved by the Town Board that exceeds the awarded contract value to accommodate unforeseen costs. 4. Change Order Thresholds. a. Department Directors may authorize change orders until the amended contract or purchase order reaches the limit set forth by the Town Administrator, except when an applicable Board- approved resolution sets a different limit, in which case the Board-specified limit will control. b. The Town Administrator is authorized to sign and approve any change orders up to $100,000 or the total spending limit per the Town Board- approved resolution amount, even if the resulting amended contract exceeds the Town Administrator’s signature authority. When a resolution approved by the Town Board sets a different limit, that limit will control c. Change orders that result in the total exceeding contingency set by the Town Board will require presentment and approval by the Town Board. The Town of Estes Park Board of Trustees authorizes the Town Administrator, Department Directors, Managers and Supervisors with purchasing limits as set forth in this policy (Table 1). Exceptions to spending limits include expenditures approved by the Board through the annual budget process for insurance claims and premiums, debt obligations, utility payments, continuing purchased power and water right payments, payroll tax and withholding payments, and other specific Board approved expenditures. The Town of Estes Park Board of Trustees authorizes the Town Administrator, Department Directors, Managers and Supervisors with purchasing limits as set forth in this policy (Table 1). Exceptions to spending limits include expenditures approved by the Board through the annual budget process for insurance claims and premiums, debt obligations, utility payments, continuing purchased power and water right payments, payroll tax and withholding payments, and other specific Board approved expenditures. 3. PROCEDURE Administrative procedural guides have been developed to outline processes for Town purchases. These are outlined under the Purchasing Policies, which are approved under the authority of the Town Administrator. The following purchasing limits set forth in this policy and specific Town Board approved Resolutions for on-call contracts apply only at the formal contract/ purchase order level, not the individual partial payment level. If a formal contract or purchase order is executed, the purchasing authority limit applies at that level. Subsequent partial payment invoices on these properly approved contracts or purchase orders can be approved for payment by the appropriate manager or department director level, regardless of the amount of the partial payment invoice. Document Spending Authority & Limits Revisions: 5 05/28/2024 11/12/25TownofEstesPark, Finance Table 1: PurchasingQ Authority by Title & Amounts Department Town Job Title/Role Purchasing Limit Town Admin Office Town Administrator $100,000 Town Admin Office Deputy Town Administrator $50,000 Town Admin Office Museum Director $10,000 Town Admin Office Public Information Officer $5,000 Town Admin Office Management Analyst $5,000 Town Attorney Town Attorney $100,000 Town Attorney Executive Legal Assistant $5,000 Town Clerk Town Clerk $50,000 Town Clerk Deputy Town Clerk $10,000 Town Clerk Human Resources Manager $10,000 Internal Services Internal Services Director $50,000 Internal Services Facilities Project Manager $30,000 Internal Services IT Manager $30,000 Internal Services IT System Administrator I $10,000 Internal Services Facilities Supervisor $5,000 Internal Services Fleet Asset Specialist $5,000 Internal Services Fleet Supervisor $5,000 Comm Dev Community Development Director $50,000 Special Events Community Services DirectorEvent & Visitor Services Director 50,000 Special Events Visitor Services Manager $5,000 Special Events Event Coordinator $5,000 Special Events Events Maintenance Supervisor $5,000 Special Events Sales & Marketing Manager $5,000 Finance Finance Director $50,000 Finance Accounting Manager $5,000 Finance Utility Billing Supervisor $5,000 Police Chief of Police $50,000 Police Deputy Chief of Police $30,000 Document Spending Authority & Limits Revisions: 5 05/28/202 410/28/25TownofEstesPark, Finance Police Police Police Captain Police Executive Assistant 30,000 10,000 Public Works Public Works Director $50,000 Public Works Town Engineer $30,000 Public Works Parking & Transit Manager $30,000 Public Works Civil Engineer II (PE) $10,000 Public Works Stormwater Engineer $10,000 Public Works Streets & Stormwater Supervisor $10,000 Public Works Civil Engineer I (EIT) $5,000 Public Works Parks Supervisor $5,000 Utilities Utilities Director $50,000 Utilities Business Manager $30,000 Utilities Project Manager $30,000 Utilities Line Superintendent $30,000 Utilities Water Superintendent $30,000 Utilities Laboratory & Water Quality Supervisor $10,000 Utilities Line Crew Supervisor $10,000 Utilities Water Distribution Supervisor $10,000 Utilities Water Plant Supervisor $10,000 Utilities Utilities Engineer $5,000 Approved: . - Date 11/18/2025 1 Finance Policy 601 Update: Spending Authority & Limits Background Current Policy 601 defines spending authority by specific position titles and does not address change orders. Town Board input during Study Session: 1. Updating Transparency website with organizational spending authority 2. No changes to defining limits for change orders 1 2 11/18/2025 2 Proposed Policy Amendments 1. Updating organizational spending authority Delegate to Town Administrator to assign departmental spending limits (up to $50K) Retain $100K limit for Town Administrator and Town Attorney Remove Table 1 with position titles and limits Proposed Policy Amendments 2. Defining limits for change orders Adds defined threshold for purchase order and contract change orders •Department Directors may approve up to limit set by Town Administrator (<$50K) •Or to the authorized Board resolution amount Town Administrator authorized to approve change orders up to $100K Board approval required if total exceeds Board- approved contingency 3 4 11/18/2025 3 Advantages of Proposed Changes Streamlines purchasing and contracting processes Reduces delays with title or role changes needing Board approval Clarifies authority for change orders Improves accountability and project tracking Enhances efficiency in using Board-approved project contingencies Maintains existing exceptions for budget- approved expenditures (e.g., utilities, debt, payroll, insurance) Disadvantages of Proposed Changes Board approval of spending limits would be shifted to the Town Administrator, reducing direct Board involvement in setting thresholds Change orders would still require Board approval when no contingency amount is pre-approved with the contract 5 6 The Town of Estes Park is committed to providing equitable access to our services. Contact us if you need any assistance accessing material at 970-577-4777 or townclerk@estes.org. Memo To: Honorable Mayor Hall & Board of Trustees Through: Town Administrator Machalek From: Dana Klein, CPP, Parking & Transit Manager David Greear, PE, Public Works Director Department: Public Works Date: November 12, 2025 Subject: Revised Policy 842 - Parking Permits Type: Action Item Objective: Amend Public Works Policy 842 to update permit type “Business Permit – Commercial Loading” Present Situation: The current Policy 842 contains a business permit titled “Business Permit: Commercial Loading”. This permit allows the holder to load and unload their business vehicle from a parking st all or loading zone located in downtown Estes Park. Section 3.f.ii.(6) of the Rules & Regulations for this permit also allows the permitted vehi cle to park overnight in a designated lot. It states: Between the hours of 5 p.m. and 10 a.m. parking shall be permitted only in the Museum Annex Parking Lot (220 4th Street). One space per permit; multiple vehicles sharing a single permit may not park overnight at the same time. At the Town Board Study Session on October 28, 2025, the Town Board indicated a desire to modify this permit type to allow for overnight parking in the Downtown Commercial Zoning District during the months of November through April. Proposal: Staff proposes the Town Board consider changing Section 3.f.ii(6) of the Rules and Regulations to the following: From May 1 to October 31, between the hours of 5 p.m. and 10 a.m. parking shall be permitted only in the Museum Annex Parking Lot (220 4th Street). From November 1 to April 30, between the hours of 5 p.m. and 10 a.m., overnight parking is permitted in the permit’s assigned lot. One space per permit; multiple vehicles sharing a single permit may not park overnight at the same time. Advantages: The revised language adds clarifying details which reduce ambiguity regarding potential violations the parking enforcement team encounters during the peak guest season. This simplifies and clarifies enforcement expectations. The proposed change helps eliminate one permittee filling two downtown parking spaces during the day, which enhances availability of these parking spaces for the general public during the busy guest season. The proposed change adds language to allow permit holders to park vehicles in the assigned lots during evening hours. Disadvantages: Some permittees may oppose the change as they will now be required to retrieve their business vehicle from the Events Center at the beginning of their workday if they wish to park it overnight in a public parking lot during the peak season Action Recommended: PW staff recommend approval of the revision to Policy 842 as proposed. Finance/Resource Impact: Minimal. In 2024, 19 permits of this type were sold at $80.00 each, resulting in 1,520.00 of revenue. Some previous permit holders may not purchase this permit type going forward based on the new overnight location. Level of Public Interest: Public interest in parking-related items tends to be high. Sample Motion: I move for the approval/denial of the revised Policy 842 as described in Attachment 1. Attachments: 1. Public Works Policy 842 Parking Permits Document Title Revisions: 56 Policy 842 Parking Permits Town of Estes Park, Public Works Page 1 of 7 Effective Period: Until Superseded Review Schedule: Annually Effective Date: April 22November 12, 2025 References: EP Municipal Code Title 10 Vehicles & Traffic PUBLIC WORKS 842 Parking Permits 1)PURPOSE The Town of Estes Park provides several options for permits that confer special parking privileges to those who live, work and/or own a business in the downtown area (as defined by the Town of Estes Park's Commercial Downtown (CD) zoning district). 2)POLICY As described in section 10.04.040 of the Estes Park Municipal Code, no person shall park a vehicle in any Town-owned parking area overnight or longer than 18 hours except where authorized by one of the permits described in this policy (Parking Permits) or Revocable Encroachment Permit issued by the Town's Public Works Department (or designated representative or contractor). Furthermore, fees are required to park in several Town parking spaces, except where an individual holds a permit in lieu of paid parking under section 10.06.040. Violating vehicles will be subject to a parking citation or removal of the vehicle pursuant to Colorado statutes. 3)PERMIT TYPES The rules and regulations of each specific permit type are detailed below. Section 4 then provides general rules for all permit types. a.Overnight Permit: Downtown Resident i.Eligibility: 1)This permit type is only available to those who can demonstrate proof of residency in the downtown core, as defined by the Town of Estes Park's Commercial Downtown (CD) zoning district. ii.Rules & Regulations: 1)Permits are valid for an entire calendar year. 2)Each permit must be registered to a specific license plate. 3)Permits are valid only in one assigned parking area (lot), on a first-come, first- served basis. 4)Permits are not valid in time-limited or reserved spaces. 5)There are no time restrictions for this permit; permit holders are allowed access to their assigned parking area 24 hours per day, seven (7) days per week. Attachment 1 Document Title Revisions: 56 Policy 842 Parking Permits Town of Estes Park, Public Works Page 2 of 7 b. Overnight Permit: Downtown Rental Unit/ Commercial Lodging i. Eligibility: 1) This permit type is only available to those who own, operate or manage a licensed rental unit/hotel room/lodging property in the downtown core, as defined by the Town of Estes Park's Commercial Downtown (CD) zoning district. ii. Rules & Regulations: 1) Permits are valid for an entire calendar year. 2) A valid hangtag issued by the Town must always be displayed on the vehicle's rearview mirror. 3) Permits are valid only in one assigned parking area (lot). This assignment will be indicated on the permit. 4) Permits are not valid in time-limited or reserved spaces. 5) There are no time restrictions for this permit; permit holders are allowed access to their assigned parking lot/area 24 hours per day, seven (7) days per week. 6) A $20 replacement fee will apply for lost or damaged hangtags. c. Overnight Permit: General Use i. Eligibility: General use overnight parking is only allowed in the following circumstances: 1) An individual is taking the Hiker Shuttle into Rocky Mountain National Park to camp overnight in the park; 2) An individual is participating in an extended hike in the Estes Park Valley (either on their own or as part of a commercially-run tour) and does not have a private location for their vehicle to park overnight; 3) An individual has an extraordinary/emergency need for overnight parking (e.g., vehicle is broken down). In this instance, the reason must be deemed appropriate by Parking & Transit Division staff; or 4) An individual is staying with a local lodging establishment and/or staying at a licensed vacation rental (e.g., VRBO, Airbnb) and the main lodging location does not have sufficient parking to accommodate all guests. ii. Rules & Regulations: 1) Not valid for use on a recreational vehicle as defined by Chapter 13 of the Estes Park Development Code. 2) Permit holders may not sleep in their vehicle at any time. 3) Valid for up to seven (7) nights. 4) Must be registered to a specific license plate. Vehicles that take up multiple spaces (e.g., truck pulling a trailer) will be required to pay per vehicle, per night, for each occupied space. 5) Must be purchased at the time of parking. 6) Only valid in the designated area of the Events Complex Park-n-Ride lot (1125 Rooftop Way) as indicated on the following map: Document Title Revisions: 56 Policy 842 Parking Permits Town of Estes Park, Public Works Page 3 of 7 General Use Overnight Parking Permit Valid /or this location only Estes Park Events Complex 1125 Rooftop Way d. Overnight Permit: Temporary Guest Permit i. Eligibility: 1) This permit is available to those who are guests of a valid Downtown Resident Permit holder. 2) The Downtown Resident Permit holder must apply for the Temporary Guest Pass on behalf of their guests. ii. Rules & Regulations: 1) Not valid for use on a recreational vehicle as defined by Chapter 13 of the Estes Park Development Code. 2) Permit holders may not sleep in their vehicle at any time. 3) Valid for up to seven (7) nights. 4) Must be registered to a specific license plate. A valid hangtag issued by the Town must always be displayed on the vehicle's rearview mirror. 5) Permits are valid only in one assigned parking area (lot). This assignment will be indicated on the permit. 6) Permits are not valid in time-limited or reserved spaces. There are no time restrictions for this permit; permit holders are allowed access to their assigned parking lot/area 24 hours per day, seven (7) days per week. e. Employee Permit: Convenience Permit i. Eligibility: 1) Anyone who works in the downtown core is eligible to purchase this permit. 2) Applicant must provide proof of employment or that they conduct business in the downtown core, as defined by the Town of Estes Park's Commercial Downtown (CD) zoning district. Document Title Revisions: 56 Policy 842 Parking Permits Town of Estes Park, Public Works Page 4 of 7 ii. Rules & Regulations: 1) Permits are valid in any seasonal paid parking area. 2) Permits are valid for an entire annual paid parking season. 3) Permits are not valid in time-limited or reserved spaces. 4) Permit is not valid for overnight parking. 5) Only valid for non-marked personal vehicles (marked commercial vehicles are not eligible for this permit). 6) Each permit must be registered to a specific license plate. 7) There is no limit to the number of vehicles that can share one permit; however, permit holders who use a shared permit will be responsible for managing the shared use of their permits. The Town is not responsible for shared permit holders who receive a citation for attempting to use the same permit on more than one vehicle at one time. f. Business Permit: Commercial Loading i. Eligibility: 1) Anyone who works or conducts business in the downtown core (as defined by the Town of Estes Park's Commercial Downtown (CD) zoning district) is eligible to purchase this permit. 2) Applicant must provide proof of employment or that they conduct business in the downtown core. 3) Subject to proof of current business license. ii. Rules & Regulations: 1) Only valid for marked commercial or business vehicles (not for use on unmarked personal vehicles). 2) Permits are valid only in assigned parking areas (lots) and are available on a first-come, first-served basis. 3) Vehicles displaying this permit must be actively loading or unloading people and/or goods. 4) Each permit must be registered to a specific license plate or plates, in the case of a shared permit. 5) There is no limit to the number of vehicles that can share one permit; however, permit holders who use a shared permit will be responsible for managing the shared use of their permits. The Town is not responsible for shared permit holders who receive a citation for attempting to use the same permit on more than one vehicle at one time. 6) Between From May 1 to October 31, between the hours of 5 p.m. and 10 a.m. parking shall be permitted only in the Museum Annex Parking Lot (220 4th Street). From November 1 to April 30, between the hours of 5 p.m. and 10 a.m., overnight parking is permitted in the permit’s assigned lot. One space per permit; multiple vehicles sharing a single permit may not park overnight at the same time. g. Local 120 Minutes Free i. Eligibility: 1) Anyone who resides within the Estes Park R3 School District. 2) Applicant must provide proof of residency. ii. Rules & Regulations: 1) Permits are valid in any seasonal paid parking area, for up to 120 minutes of free parking per day. 2) Permits are valid for an entire annual paid parking season. 3) Permits are not valid in time-limited or reserved spaces. 4) Permit is not valid for overnight parking. 5) Only valid for non-marked personal vehicles (marked commercial vehicles are not eligible for this permit). 6) Each permit must be registered to a specific license plate. h. Volunteer Permit i. Eligibility: 1) This permit is available to any business, organization or governmental entity offering uncompensated employment or volunteer opportunities in the downtown core (as defined by the Town of Estes Park's Commercial Downtown CD) zoning district). 2) Applicant must provide proof that those who will be receiving a volunteer permit are not being compensated, financially or otherwise. ii. Rules and Regulations: 1) Applicant must provide a specific time frame during which the permit(s) will be active. 2) This permit type can only be used while the vehicle's driver is actively volunteering without compensation. The permit is not valid while the vehicle's driver is conducting personal business. 3) Permits are issued as physical hangtags for temporary display in a volunteer's vehicle. 4) The hangtag must be clearly visible in the dash of the vehicle. 5) During the time that the permit is active, it is the organization's sole responsibility to distribute, manage and account for all permits, and ensure they are being used appropriately. 6) A $20 replacement fee will apply for lost or damaged hangtags. 4) GENERAL RULES The following rules are generally applicable to all of the permit types listed above. Permit holders will be asked to review and agree via signature to the following terms prior to receiving any Parking Permit. a. Permits have no cash value and are non-transferable. b. Permit holders must be parked legally in a designated public parking area (e.g., no double-parking, parking in reserved areas, or parking in areas designated "No Parking"). Permits are not valid in spaces for persons with disabilities, in fire lanes, or in spaces marked "Reserved" for other uses (e.g., Police, Library). c. Permit holder must move their vehicle within 24 hours for parking lot maintenance e.g., striping, sweeping, cleaning, snow removal). Written notice will be provided to permit holders by email at least 24 hours in advance. If the vehicle has not been Document Title Revisions: 56 Policy 842 Parking Permits Town of Estes Park, Public Works Page 5 of 6 moved after 24 hours of notice, the vehicle will be removed from the parking area at the owner's expense pursuant to Colorado statutes. d. Permits are valid only for designated purposes as described in this Policy. Vehicles are not exempt from paying hourly fees for paid parking when vehicles are parked out of compliance with the rules and regulations of this Policy, and such noncompliant parking is subject to enforcement under the Estes Park Municipal Code. e. Any permit holder who does not abide by this Policy will risk loss of their permit. Upon first violation of the stated Rules and Regulations for their permit type, the permit owner will receive a written warning by email and USPS mail. A second violation will result in suspension of the permit for 30 days with the opportunity to appeal. Appeals must be submitted in writing to The Car Park, PO Box 2285, Estes Park, CO 80517, or in person at 363 East Elkhorn Ave, Suite 208. A third violation could result in an additional suspension of the permit of up to 180 days with similar opportunity to appeal, as well as immediate revocation of one's ability to purchase any additional parking permit for one year. The Parking and Transit Manager or designee is authorized to make determinations on such warnings, suspensions, and revocations, in their reasonable discretion. The hearing officer for any appeal shall be designated by the Town Administrator. Notice of suspension of permit shall be given with no less than ten (10) days' opportunity to appeal, in the form and manner specified by the Parking and Transit Manager, unless, in the Parking and Transit Manager's determination, the circumstances amount to an emergency and immediate suspension is warranted. f. The Town of Estes Park assumes no responsibility or liability for all risks, losses, costs, and damages incurred during use of the Town-owned parking facilities. g. Inoperable or abandoned vehicles are subject to towing at the owner's expense pursuant to Colorado statutes. h. Any vehicle parked in violation of these stated regulations may be removed at the owner's expense pursuant to Colorado statutes. i. The Town reserves the right to limit the sale and distribution of any permit at the Town's sole discretion. j. In the event of a conflict, the Estes Park Municipal Code controls over any provisions of this Policy. 5) COST OF PERMITS a. The Parking and Transit Manager shall propose parking rates for the upcoming season to the Town Board by March 15 of each year. b. Full payment must be made prior to receiving the permit. Approved: April 22, 2025 Approved: ________________________________ Date: ________________ Document Title Revisions: 56 Policy 842 Parking Permits Town of Estes Park, Public Works Page 6 of 6 The Town of Estes Park is committed to providing equitable access to our services. Contact us if you need any assistance accessing material at 970-577-4777 or townclerk@estes.org. Memo To: Honorable Mayor Hall & Board of Trustees From: Town Administrator Machalek Department: Town Administrator’s Office Date: November 12, 2025 Subject: Revised Policy 1101 Delegation of Contract Signature Authority Type: Other: Policy Objective: Town Board consideration of an update to Policy 1101 regarding the Police Chief’s signature authority. Present Situation: Policy 1101, first adopted in 2020, clarifies which Town employees are authorized to approve various sorts of contracts, and which contracts require approval by the Board. The Town Board reviewed updates to Policy 1101 at the August 12 Town Board meeting and was not comfortable with the proposed changes to the Police Chief’s signature authority that would allow the Chief to sign agreements and memoranda of understanding with other law enforcement, criminal justice, emergency services, and victim assistance agencies, as pertains to law enforcement operations, whether or not such agencies are governmental. The Board asked staff to explore creating a limited list of these agreements which the Police Chief would have specific authority to sign. Proposal: After further evaluation, I am asking the Board to reconsider the proposed edits to the Police Chief’s signature authority. The volume and variety of these agreements – coupled with the fact that it is not possible to anticipate future operational agreements that may become necessary due to new circumstances, events, or coordination needs – make a complete listing of the documents in the signature authority policy impractical. A sample list of law enforcement agreements is attached for the Board’s consideration as background information. Staff’s objective is to allow the Police Chief to execute operational agreements with law enforcement partners in a timely and efficient manner that is consistent with how regional law enforcement agencies approach these agreements. Ultimately, I am responsible for any contract executed within staff’s authority and have to exercise professional judgement to determine if an agreement needs to be elevated to the Town Board based on Policy Governance Policy 2.1.8.8, which reserves to the Board the decision on any issue that, in the opinion of the majority of the Board of Trustees, concerns a substantial policy determination and/or is of a controversial nature with the public that warrants Board involvement. Advantages: Allows the Police Chief to sign operational agreements with partner agencies Disadvantages: Less Board control over specific operational agreements with other law enforcement, criminal justice, emergency services, and victim assistance agencies Action Recommended: Staff recommends approval of the revisions to Policy 1101. Finance/Resource Impact: No direct budget impact. Contracts and memoranda of understanding that involve a fiscal impact would still require adequate budget and would be subject to purchasing authority limitations. Level of Public Interest: Medium. Sample Motion: I move to approve/deny the proposed updates to Policy 1101. Attachments: 1. Policy 1101 (Delegation of Contract Signature Authority) Redlined 2. Sample List of Law Enforcement Agreements Document Title Policy 1101 – Delegation of Contract Signature Authority 811/12/2025 Revisions: 3 Town of Estes Park, Town Attorney Page 1 of 4 Effective Period: Until Superseded Review Schedule: Annually Effective Date: 811/12/2025 References: TOWN ATTORNEY 1101 Delegation of Contract Signature Authority 1. PURPOSE The purpose of the policy is to systematize the delegation of contract signature authority. 2. POLICY The Town hereby delegates to the following Town officials authority to sign the properly authorized written contracts described herein. 3. PROCEDURE FOR DELEGATED SIGNATURE AUTHORITY The Mayor, Town Administrator, each Department Director, and their subordinate staff listed below may sign properly authorized contracts, approved as to form by the Town Attorney or an attorney designated by the Town Attorney, listed under their respective titles, including those listed under their subordinates’ titles. The Assistant Deputy Town Administrator may sign any contract that any Department Director may sign. Contract signature authority may also be delegated by specific action of the Town Board. Additional authority also derives from the Town’s adopted purchasing policies. Staff may enter into contracts for goods, services, or construction as delegated in Policy 601 and within such spending limits. a. RESERVED AUTHORITY The Town Board reserves to itself the authority to approve the following contracts, for signature by the Mayor: i. contracts requiring Town Board approval under applicable law ii.agreements with other governmental entities, except (1) as specifically described below and (2) standard agreements applicable to these entities only in their proprietary capacity, that fall under the delegated authority below iii.deeds of dedication of rights of way and other property to the Town iv.acceptance of grants and donations Attachment 1 Document Title Policy 1101 – Delegation of Contract Signature Authority 811/12/2025 Revisions: 3 Town of Estes Park, Town Attorney Page 2 of 4 v. other contracts not listed below b. TOWN ADMINISTRATOR agreements and releases on personnel and employment matters insurance agreements grants by the Town of licenses and easements for the use of Town property memoranda of understanding with nonprofit organizations for the ongoing support of Town operations leases for use by the Town of property for one year or less agreements arising from application of the development code, including improvement agreements and restrictive covenants i.DIRECTOR OF FINANCE 1)banking and investment agreements 2)credit agreements ii.DIRECTOR OF EVENTS AND VISITOR SERVICES 1)special use agreements for events on Town property 2)agreements for temporary use of the Fairgrounds 3)agreements to allow catering services at the Events Complex i.SALES AND MARKETING MANAGER a. contracts for the use of Mrs. Walsh’s Garden, the O’Connor Pavilion, and the Events Center and Pavilion iii. DIRECTOR OF UTILITIES 1)access agreements to maintain Town-owned utility infrastructure 2) surge protector agreements 3) internet service level agreements 4)multiple dwelling unit right of entry agreements 5) utility service agreements i.UTILITIES COORDINATOR or LINE SUPERINTENDENT Document Title Policy 1101 – Delegation of Contract Signature Authority 811/12/2025 Revisions: 3 Town of Estes Park, Town Attorney Page 3 of 4 a.acceptance of utility easements b.pole attachment agreements c.interconnection agreements iv.DIRECTOR OF PUBLIC WORKS 1) agreements for Town rights of entry to access non-Town properties 2) revocable licenses to access (but not use) Town property and hold the Town harmless i.PROJECT MANAGERS, for their projects, or TOWN ENGINEER a.encroachment and right-of-way permits and agreements b.acceptance of temporary easements for construction or other public works infrastructure, facilities and purposes c.acceptance of permanent easements for public works infrastructure, facilities and purposes v.DIRECTOR OF COMMUNITY DEVELOPMENT 1) contracts for releases and reductions to improvement guarantees vi. MUSEUM DIRECTOR 1)agreements for acceptance of museum donations and loans vii.POLICE CHIEF 1)agreements and memoranda of understanding with other law enforcement, criminal justice, emergency services, and victim assistance agencies, as pertains to law enforcement operations, whether or not such agencies are governmental c. LITIGATION SETTLEMENT AGREEMENT AUTHORITY The Town Attorney, with the concurrence of the Town Administrator, shall have authority to settle threatened or pending litigation for the Town on terms they deem in the best interests of the Town. Approved: Document Title Policy 1101 – Delegation of Contract Signature Authority 811/12/2025 Revisions: 3 Town of Estes Park, Town Attorney Page 4 of 4 Gary Hall, Mayor Date Sample List of Law Enforcement Agreements Critical Incident Protocol 8th Judicial District Critical Incident Protocol from District Attorney McLaughlin. The agreement outlines how critical incidents involving officers shall be investigated. Sheriffs and Chiefs of Police Including Colorado State Patrol Troop 3C Captain) for all law enforcement agencies in Larimer Enforcement Patrol for stolen vehicle investigations. State Patrol indicates that, while there may be some smaller jurisdictions in southern Colorado that require this agreement to go through a governing board, the vast majority of signatories are law Understanding Regarding Compliance with Brady, Rule 16, AND §16-2.5- Attorney of Brady/credibility disclosure notication information to ensure consistent practice in the district’s criminal courtrooms. Sheriffs and Chiefs of Police Including CSP Troop 3C Captain) for all law enforcement agencies in Larimer and Jackson Counties. Against Children Task Force program memorandum of understanding that describes participation in developing an effective response to cyber enticement and child pornography investigations. The MOU encompasses investigative, prosecutorial and forensic components, training and technical assistance, victim services, prevention and community Executive Attachment 2 Estes Park Police Department and ARES Region 1 District 1 Emergency Service (ARES) volunteers to assist us in emergency management and critical incident response. executive authority. Varies signicantly across the country. Understanding between the Larimer County Department of Human Services and Local Law Enforcement Outlines the procedures by which local law enforcement and Larimer County Department of Human Services will cooperate in providing mutual aid and assistance in investigation and intervention concerning allegations of child abuse and neglect occurring within the territorial limits of Larimer County, Colorado. It also outlines how we keep this handoff legally compliant with state law. Including CSP Troop 3C Captain) for all law enforcement agencies in Larimer County Communications Channel Sharing and Use that allows partner agencies to share restricted radio channels for emergency responses and regional mutual Executive with Boulder County Sheriff Describe working relationship between Boulder County Sheriff's Office andEstes Park Police Department for a bike race that involved both jurisdictions Estes Park Police Chief – predates Policy 1101) Responder Mass Casualty Response agencies for response to mass causality events including active shooters and terrorist events. Sheriff and Chiefs of Police Including Colorado State Patrol Troop 3C Captain) for all law enforcement agencies in Larimer The Town of Estes Park is committed to providing equitable access to our services. Contact us if you need any assistance accessing material at 970-577-4777 or townclerk@estes.org. Memo To: Honorable Mayor Hall & Board of Trustees From: Town Administrator Machalek Department: Town Administrator’s Office Date: November 12, 2025 Subject: Post Office Space Constraint Study Request Letter Type: Other: Approval of Letter Representing the Town Objective: Board consideration of a letter to the United States Postal Service (USPS) and the Town’s Congressional Delegation requesting a Space Constraint Study for our local postal facility. Present Situation: The USPS facility that serves Estes Park was dedicated on May 13, 1962. Since that time, visitation patterns to Estes Park and the volume of mail handled by the post office have changed significantly. The existing postal facility does not have sufficient secure storage or loading space for postal carriers, leading the carriers to rely on the use of the Town-owned Baldwin Parking Lot for post office operational needs. A Space Constraint Study is a first step in gaining USPS support for the relocation of the post office. Proposal: A draft letter to the USPS and the Town’s Congressional Delegation is attached for Town Board consideration. The letter outlines the known challenges with space at our local postal facility and requests that the USPS immediately begin working on a Space Constraint Study. This study would complement work on a Parking Constraint Study, which staff understands is currently underway. Advantages: Communicates the challenges experienced by our local post office in the safe and efficient delivery of mail; Describes the impact of the inadequate postal facility on the Town’s Baldwin Parking Lot; and Affirms that the Town Board views the inadequacy of our local postal facility as a matter of high priority for the community. Disadvantages: None. Action Recommended: Staff recommends approval of the Post Office Space Constraint Study Request letter. Finance/Resource Impact: No direct budget impact. Level of Public Interest: High. Sample Motion: I move to approve/deny the Post Office Space Constraint Study Request letter and authorize the Mayor to sign. Attachments: 1. Post Office Space Constraint Study Request Letter 2. Letter Enclosure: Photos of Estes Park Post Office Facility Concerns Mayor 970-577-4777ghall@estes.org 170 MACGREGOR AVE. P.O. BOX 1200, ESTES PARK CO. 80517 WWW.ESTES.ORG DATE RECIPIENT Dear XXXX, The Town of Estes Park is experiencing significant challenges with the functionality of ourlocalUnitedStatesPostalService (USPS) facility. Our community is currently served by onesmall, leased Post Office located in downtown Estes Park (215 W Riverside Drive). Thisfacilityisentirelyinadequateinprovidingsufficientsecurestoragespaceformailandloadingspaceforcarriers. The Town has long assisted the USPS in mitigating the inadequacy of the postal facility byallowingcarrierstouseTown-owned downtown parking spaces to park and load theirdeliveryvehicles. This is not a sustainable strategy as the demands on downtown parkingspaceshavegrown, as has the volume of mail handled by our dedicated carriers. A new, purpose-built facility with sufficient space to properly process, store, and load ourcommunity’s mail is needed now. The Town has been in communication with the local Postmaster and postal carriers, andtheyareequallyfrustratedwiththeinadequacyofthefacility. Additional examples of thisinadequacycametotheTown’s attention during a presentation from the carriers at theOctober28TownBoardStudySession. Photos from that presentation include packagesstagedoutsideintheelementsandexamplesofthedifficultanddangerousconditionsthatpostalcarriersmustcontendwithastheyloadmaildeliveryvehiclesinanactivepublicparkinglot. A quote from the report submitted by the postal carriers for that meetingsummarizestheinadequacyofthecurrentfacilitywell: A new postal facility is desperately needed. No doubts. There is insufficient space inside the building for the volume of packages. There is asbestos. There are inadequate bathroom facilities. There is no secure location to load delivery vehicles. The sanctity of mail and packages is threatened. There are numerous safety problems caused by using the public parking lot for loading. The box truck and delivery vehicles are required to back through a heavily used pedestrian sidewalk to load and unload. I would be happy to discuss this further with you or any of your staff at any time. This is acriticalissueforourcommunityandpromptactionisnecessarytoaddresstheinadequacyofourpostalfacility. The Town is thereby requesting that the USPS immediately undertakeaSpaceConstraintStudyforourlocalpostalfacility. Attachment 1 Mayor 970-577-4777 ghall@estes.org 170 MACGREGOR AVE. P.O. BOX 1200, ESTES PARK CO. 80517 WWW.ESTES.ORG Sincerely, Gary HallMayorTownofEstes Park Enclosure: Photos of Estes Park Post Office Facility Concerns Photos of Estes Park Post Office Facility Concerns Background The photos and information contained below are from a presentation made at a Town Board Study Session on October 28, 2025. Inadequate Secure Storage Space for Packages Attachment 2 Inadequate/Unsafe Loading Space for Carriers The Town of Estes Park is committed to providing equitable access to our services. Contact us if you need any assistance accessing material at 970-577-4777 or townclerk@estes.org. Report To: Honorable Mayor Hall & Board of Trustees Through: Town Administrator Machalek From: Manager Bangs Department: Administration Date: November 12, 2025 Subject: Organizational Housing Plan Update Objective: Consider staff’s proposal to support the Organizational Housing Plan by exploring a partnership with the Estes Park Housing Authority (EPHA) that leverages shared resources, expertise, and property assets to deliver both short and long-term housing solutions for Town employees and the broader Estes Valley community. Present Situation: Historically, the Town of Estes Park has experienced workforce housing challenges that impact employee recruitment, retention, and overall organizational stability. Consistent with the goals outlined in the Town’s Organizational Housing Plan, staff have evaluated current employee housing needs and inventoried available housing options to inform recommendations for next steps. To plan for how to best address these needs, Town staff have worked closely with partners at Estes Park Housing Authority (EPHA), which provides expertise in housing management, rental administration, and land development for workforce and attainable housing in the Estes Valley. Building upon the existing Memorandum of Understanding MOU) for the use of 6E Lodging Tax revenue, the Town and EPHA have partnered to develop Town-owned parcels at Fish Hatchery and 179 Stanley Circle Drive - both identified in strategic plans related to addressing housing challenges and in the Organizational Housing Plan as key opportunities for employee housing. Staff request continuance to November 25, 2025 Predevelopment of 179 Stanley Circle Drive is currently underway to allow for workforce housing. To date, the Town’s intent has been to develop this site exclusively as Town employee housing. The development concept includes up to 12 housing units on the site. Concurrently, EPHA continues to expand its housing portfolio, adding more than 100 workforce-restricted units since 2023. This growth in workforce housing inventory has begun to ease the demand for Town-managed employee housing. In 2024 and 2025, fewer employees have requested Town housing assistance, as more workers have been able to secure long-term rentals independently. However, the need for transitional and medium-term Town housing remains strong and is expected to climb over time, as an important element of recruitment and retention, as reflected in the Organizational Housing Plan. The Town has maintained a combination of housing supports for employees, including master-leased units from private landlords and Town-owned homes used for employee housing. Town employees also occupy several EPHA-managed workforce units, reflecting strong collaboration between the two entities. A better understanding of existing housing inventory has helped shape the Town’s current strategy for implementing the objectives of the Organizational Housing Plan. Town and EPHA staff have discussed potential creative solutions to meet the needs of the community, EPHA, and the Town, and propose a collaborative approach that provides a cost-effective, sustainable solution to address workforce housing challenges while aligning public resources with local expertise. One option could be for the Town to provide direct funding on an annual basis to EPHA in exchange for housing units to be reserved or set aside specifically for Town employees. The funding amount could be negotiated annually based on the number of units to be reserved and other considerations such as the extent to which they would be used for short-term or transitional housing or for the longer-term, number of bedrooms, etc. The downsides of this approach are that the housing would be very temporary, it would incur an ongoing annual expense, and it would be vulnerable to cost escalations. Another option could be for a longer-term arrangement, where the Town provides land and direct funding to EPHA in exchange for permanently reserved units for Town employees. Such an arrangement could provide EPHA with immediate capital and land to support community housing development, while providing the Town with ready and flexible access to employee housing and advancing shared objectives to expand attainable housing opportunities throughout the Estes Valley. Proposal: Building on the latter option outlined above, staff propose a partnership with EPHA that we believe will strengthen workforce housing opportunities for Town employees while also advancing the mission of EPHA. The Town and EPHA have been working together to plan for a workforce housing development for Town staff, at Town expense – with EPHA serving as the Town’s contract developer – on a Town-owned parcel located at 179 Stanley Circle Drive. Staff’s proposal is to put similar land and money toward Town employee housing as previously envisioned, but with greater flexibility and efficiency, by obtaining 12 “floating” Town units among EPHA’s properties rather than having Town employees all clustered at 179 Stanley Circle Drive. Town staff see many significant advantages and minimal drawbacks to this proposal, as discussed below. In this scenario, the Town could convey the title to the 179 Stanley Circle Drive property along with direct funding (up to $2 million is what Town staff has proposed). In return, EPHA would provide the Town with priority access to 12 set-aside housing units (the number of units currently envisioned to be developed at 179 Stanley Circle Drive, though it is likely more could be built on the site) within EPHA-managed properties to be used as needed for Town employees, as selected and determined by the Town. Rent prices for Town employees would be the same as for other members of the community, and rent would be retained by EPHA. An arrangement of this nature allows flexibility for the Town to support its employees for periods of time and under rules we ultimately adopt under our internal policies, while EPHA handles leases, rent collection, and overall property oversight as it typically does, consistent with its workforce housing standards. The Town would not have to take on the role of landlord, for which EPHA is much more experienced and better equipped. Town and EPHA staff would work collaboratively to finalize procedures for requesting, assigning, and managing these units to ensure efficient coordination and equitable use. Furthermore, while development of 179 Stanley Circle Drive will likely not be complete for several years, and the Town has not yet fully funded the project, this arrangement could provide Town units for its employees immediately and at a lower cost in the long term. It takes advantage of the economies of scale EPHA has already amassed at properties across the valley. The benefit to EPHA is that it provides immediate land and capital to continue building homes for the entire community, including at 179 Stanley Circle Drive. And if for any reason the Town is occasionally not using one of its designated EPHA-owned units, EPHA can fill that unit with another member of the community. Once the Town is ready to fill its unit, that unit can “float” to a different but similar, vacant EPHA-owned unit. This carries inherent efficiencies over the original model, where the housing at 179 Stanley Circle Drive would simply sit empty if the Town occasionally did not have an employee to fill a home. Staff believe a partnership like this could offer a cost-effective and strategic approach to meeting workforce housing needs for both Town staff and the community. By transferring readily developable property and funding to EPHA, the Town leverages EPHA’s housing development expertise, housing administration expertise while accelerating access to employee housing. In addition, this collaboration complements the Town’s existing Transitional Housing Program, drafted in collaboration with EPHA, which provides temporary housing for new or relocating employees as they secure long-term housing. Together, these efforts demonstrate the Town’s ongoing commitment to supporting employees and expanding attainable housing opportunities for the Estes Valley community. Advantages: Flexible access to housing for employees, helping with recruitment and retention of staff Reduce Town’s administrative burden when managing housing for employees Advances the goals of the Town and strengthens workforce housing supply Disadvantages: Loss of direct control of property Action Recommended: Direction from the Town Board to explore a formal agreement with Estes Park Housing Authority (EPHA) for the transfer of Town-owned property, 179 Stanley Circle Drive. A transfer could occur by ordinance. Finance/Resource Impact: None at this time, though there will be financial impacts if an agreement between the Town and EPHA is entered into or if the Town develops the property at 179 Stanley Circle Drive. Level of Public Interest: Moderate. Attachments: 1. Organizational Housing Plan (2023) 2. 2024 Updates to Organizational Housing Plan Organizational Housing Plan The organizational housing survey of Town employees completed in April 2023 demonstrates that there is a need for a variety of housing options for staff – from transitional housing for new recruits to short- and long-term rental options to assistance with homeownership opportunities. The following plan, developed by an ad-hoc Organizational Housing Task Team convened by the Town Administrator, outlines the methods in which the Town intends to address the housing needs for our future and current staff. We know we will not be able to meet all the needs, and certainly not all the preferences and desires, but we also recognize how important it is to do what we can to provide assistance to staff in a community with a very challenging housing environment. While implementation of this plan will be funded using money in our own organizational housing budget, it is important to note that staff may also benefit from our larger community focused efforts to address workforce housing using Lodging Tax Extension funds, Short-term Rental Linkage fees, and other such sources. Finally, while this plan is designed to address housing needs, it should also be noted that we will continue to monitor interest and consider options to assist with transportation for employees who live in the front range. Transitional Housing The Town has a need for transitional housing, or a “landing place,” for new employees to be able to move to the community while they search for permanent housing. The Town’s current transitional housing stock will be depleted with the impending demolition of structures at the Fish Hatchery and at 179 Stanley Circle Drive (which was recently converted to “duty housing”), and more stock is needed overall. Transitional housing arrangements will have a term of up to 12 months, with the possibility of extensions depending on circumstances at the time. Actions and Considerations: Target creation of up to five transitional housing units by the end of 2023 (inclusive of master-lease arrangements). o Pilot one- and two-year leases to evaluate feasibility of master leasing. o Evaluate subsidization of master leases for transitional housing. Buy units or build on existing Town property. Consider dedicating a portion of Town-owned units for transitional housing. o 2 from current stock of Town-owned homes (future mix TBD with Fish Hatchery Development) o 2 from Master Leases (private sector and Housing Authority) o 1 from Stanley Circle Drive Development Consider flexible (one-year), fixed-term solutions including master leases to close the gap between the demand for transitional housing and supply of Town-owned property. Rely mainly on multi-family dwellings for transitional housing. Evaluate using the Housing Authority as a property manager for Town-owned/leased units. Mid-Term Rental Housing (one to three years) Beyond the need for a short-term “landing place,” the Town has a need to offer employees a medium-term housing solution while they seek permanent housing within the Estes Park R-3 School District boundaries. Mid-term rental housing arrangements will have a term of up to three (3) years. Attachment 1 Actions: Target creation of approximately 20 rental housing units (mid-term and long-term) by the end of 2026. Contract to build at least 10 Town units at the Fish Hatchery development. Build the maximum number of units permitted on the Stanley Circle Drive property, which is expected to be 10-12 (contingent upon Town Board decisions related to rezoning, etc.) Develop a Town program to master lease mid-term housing options for Town employees. Publish a Request for Quotations to acquire local master leases. (A Request for Quotations issued in October 2023; we expect to have four-five units leased by the end of 2023.) Work with the Estes Park Housing Authority to maintain a high position on their waitlist and steer employees to them as appropriate. Long-Term Rental Housing Understanding that some employees may prefer to rent long-term with no intention of becoming a homeowner, the Town plans to set aside a portion of Town-owned housing units, once constructed, to be rented by employees for as long as they are employees of the Town (these units would have to be owned by the Town rather than rented, with the possible exception of units master-leased through the Housing Authority). These placements, which would likely be highly coveted, would be made using a point/preference system that would take into account residency/proximity requirements and other such considerations. The Town would reserve the right to increase rents as necessary to cover costs to the Town, but would be kept at an affordable level. Long-term rental housing arrangements will last as long as an employee remains employed by the Town. Actions: Once constructed, set aside a certain number of Town-owned units to be used for long-term rentals. Explore master leases with Estes Park Housing Authority. Create a system to allocate long-term rental housing units. Consider development of a program to subsidize long-term rental housing using a sliding scale. Long-Term Homeownership Employee survey responses indicate a preference for homeownership. We know how challenging it can be for staff to find available homes that meet their budget and preferences. The Town has an interest in supporting employees wishing to own a home within the community where they work. Overall, employees expressed interest in single-family homeownership, but all housing types (single-family, townhome, condo, etc.), sizes, and costs would be eligible for this benefit. Actions: Reconfigure and strengthen the current down payment assistance program to provide greater financial assistance earlier in an employee’s tenure through one of two possible programs/options (details TBD): o Possibility 1: Homes would be purchased by the employee, with the down payment subsidized by the Town at a much higher dollar amount than our current program provides. The housing unit would be deed-restricted by the Town. The deed restriction would require some combination of 1) a right of first refusal to ensure that another Town employee would have an opportunity to own the home if sold, (2) an income and/or workforce restriction for residents if sold on the open market, and (3) Town recoupment of its investment as a share of the home’s appreciation upon sale if sold to someone who is not a Town employee. Depending on the circumstances, it is possible that the “investment ” (rather than a direct employee “benefit ”) might not be taxable. o Possibility 2: Provide a low interest loan option for employees needing additional funding to qualify for a loan and are not interested in a deed restriction placed on the property. Longer-term, to increase available supply, consider buying or developing for-sale housing to be owned and used by Town employees, with the Town holding a similar deed restriction. Continue to Provide a “Duty House” Employees who do not live in the Estes Valley are occasionally required to work late, work early the next day, or are on-call for outages or snowplowing. This creates a need for a “duty house” that can be used for nightly stays as necessary. The Town began a duty house pilot program in December 2022 with the Town-owned single-family home at 179 Stanley Circle Drive. As noted above, we plan to demolish this house to make way for 10-12 new units on the property (contingent upon the Town Board approval process), in which case we would need to identify another housing unit to be used as a duty house. Actions: Evaluate 2023 duty house use in January 2024. Adapt the duty house program in response to lessons learned. Consider long-term duty house location/dedication if Stanley Avenue is developed for Town housing needs. Explore conversion of the Water Division scale house to a duty house. Organizational Housing Plan 2024 Update In April 2023, the Town conducted an organizational housing survey for its employees, revealing a pressing need for diverse housing options. The survey highlighted the necessity for transitional housing for new recruits, as well as short- and long-term rental opportunities and support for homeownership. In response to these findings, an ad-hoc Organizational Housing Task Team, convened by the Town Administrator, has developed a comprehensive plan aimed at addressing the housing needs of both current and future staff. While we acknowledge that we may not be able to fulfill every need or preference, we are committed to making meaningful progress in a community facing significant housing challenges. This update outlines our strategies and initiatives to support our workforce and enhance their housing security. Funding for housing development projects dedicated specifically to Town Employees poses challenges due to the Fair Housing Law, which affects our ability to access Federal and State Grants. The reliance on the Estes Park Housing Authority (EPHA) for the development of workforce housing will be vitally important. EPHA has stepped in, due to an MOU signed with the quasi-governmental organization in 2023, as the designated developer for both the 22-acre rezoned Fish Hatchery property, as well as property owned by the Town located at 179 Stanley Circle Drive. Both of these developments will provide ample workforce housing for the community as well as opportunities for Town employee housing (179 Stanley Circle Drive will likely be solely for Town staff and a certain number of units at the Fish Hatchery development will likely be reserved for Town staff). In addition to collaborating with EPHA on the development of housing, the Town seeks to collaborate with them for the management and operation of these units. While most units will be for rent, there may also be ownership opportunities, depending on financing options and legal constraints. In 2024, EPHA has been busy prioritizing the purchase and conversion of short-term rentals to workforce housing units and beginning the conceptual design & entitlement process for development projects. This year, they purchased two short-term rental properties and converted them to attainable workforce housing. Over 100 housing units dedicated to the workforce will be online and available to the Estes Valley community by the end of 2024. These units’ rental rates all fall under 80% AMI, ensuring affordability and meeting the Estes Park Development Code’s definition of “Attainable Housing”. The breakdown of the unit type and rent for these units can be found at the end of this document. As community members, these units will be available to Town staff. The Organizational Housing Task Team broke down the need for employee housing by the duration of need, defined by Transitional Housing, Mid-Term Rental Housing, and Long-Term Rental Housing. The Task Team also considered the use of a “Duty House” and homeownership programs. Transitional Housing Transitional housing was prioritized in 2023 to address the identified need to assist with the recruitment of new long-term employees. The Town’s existing transitional housing stock includes three single-family homes on Town-owned land at the Fish Hatchery and four leased units in other areas around Town. We are currently working with EPHA and a design consultant on predevelopment tasks to dramatically increase the number of units available at the Fish Hatchery and 179 Stanley Circle Drive. We expect there will be a mix of unit types, including apartments and townhomes/condos. Attachment 2 Transitional housing arrangements generally have a term of up to 12 months, with the possibility of extensions depending on circumstances at the time. In 2024, one master leased home was rented for the full year, while the other three were utilized for shorter periods for newly recruited permanent staff and summer seasonals. The housing units located at Fish Hatchery were utilized by current Town employees as full-time rentals not to exceed three years or until the property is ready for redevelopment Beginning in 2025, the Town proposes transitioning away from these private master leased units to units owned by EPHA. Transitioning units from private homeowners to EPHA will alleviate the dependency on Town staff for property management, facilities maintenance, and administrative work. The plan is to master lease a total of six units in 2025 for transitional housing stock at various locations owned by EPHA, including Fall River Village and Beaver Brook. This will help provide a diverse supply of housing types to help fit the needs of town employees. Master leasing units for transitional housing will begin the pilot phase of collaborating with EPHA for administering a Town-employee waitlist and preference system to be expanded upon when considering Mid- and Long-Term Housing solutions. The existing inventory of master-leased units in Town are outlined below: Location Beds Bath Rent Lease Ends Waitlist? 600 Mocassin Circle Drive 1 1 $1150 Includes trash & water August 31, 2026 No 257 Moccasin Street #2 2 1 $1,800 includes trash & water September 30, 2025 No 257 Moccasin Street #3 2 1 $1,900 includes trash & water September 30, 2025 No 514 Grand Estates Drive B5 2 2 $1,900 December 15, 2025 No Mid- and Long-Term Housing Mid-Term Housing (defined as 1-3 years) and Long-Term Housing solutions are in the works but are more difficult opportunities to create than transitional housing because of the costs associated with new construction. Implementation of mid- and long-term housing solutions is widely contingent upon new development on Town-owned property at 179 Stanley Circle Drive and Fish Hatchery. Between the two developments, units will be used for both mid- and long-term housing solutions. The opportunity to master lease units at EPHA properties will be considered for mid- and long-term use, as well. 179 Stanley Circle Drive Currently in design and predevelopment Town-employee only housing Funding is a challenge as we can only use Town funds rather than LIHTC, grants, or 6E/Vacation Home Linkage fee Collaborating with EPHA to manage and operate Approximately 12 townhome units Potential for more with the vacation of right-of-way at Stanley Drive and Stanley Circle intersection Up to 3-bedrooms; all with garages Fish Hatchery Workforce Housing Currently in design and predevelopment Community-wide workforce and affordable housing Funded with ARPA, 6E Lodging Tax, LIHTC, and other TBD Potential for sale of some units Collaborating with EPHA to manage and operate Approximately 98 various unit types including townhomes, condos, and single-housing units (the number of units will depend on the outcome of various studies used to determine what the site can actually accommodate). The unit types, particularly single-family & duplex units will be dependent upon the entitlement process with Community development. The initial conceptual plan does not fit all of the code requirements. Employee “Duty-House” The Task Team found that retaining a duty house for employees who do not live in the Estes Valley is essential moving forward. A “duty house” is a designated home used for nightly stays for employees who live out of town but need a place to sleep. The existing home located at 179 Stanley Circle Drive has acted as a duty house prior to acting as transitional housing. The scale house located at the Water Division currently acts as a duty house that can be used for nightly stays as necessary. Relocating duty housing with the new Police building has been discussed as an option for both police personnel and other Town staff. Housing Affordability Programs The Town understands that in addition to long-term rental opportunities, employees are also seeking homeownership opportunities. The Town’s current down payment assistance program, while a benefit to employees, does not provide sufficient financial support to meet the demands of the real estate market in the Estes Valley. The existing program must be enhanced in order to make an impact on the ability of employees to purchase a home. EPHA is currently undergoing an evaluation and enhancement of the Downpayment Assistance Program (DPA) that they’ve administered in the past for the same reason. As they develop and begin implementing a more robust program, the Town will have an opportunity to devote or earmark funds to the program or rely on EPHA for this service to the community. EPHA piloted a Workforce Rental Assistance program in 2024 that increases eligibility to include “middle-income” working households with an income of 80-115% AMI. Households with at least one person in the home working in the Estes Valley, including Town employees, are eligible for a one-time grant of $4,800 to cover costs associated with the deposit or first/last month's rent, or a $400 per month subsidy. 2024 EPHA New Workforce Housing Unit Breakdown Beaver Brook Studio 1 1 $1,248 70% 2 1.5 13 $1,783 70% 3 2.5 4 $2,163 75% 4 2.5 1 $2,400 75% AMI is the rental rate AMI and is not an income requirement for the household Fall River Village Lower Parcel AMI is the rental rate AMI and is not an income requirement for the household Fall River Village Upper Parcel (5-year limit) AMI is the rental rate AMI and is not an income requirement for the household Ex ecutiv e S essi on Honorable Mayor Hall & Board of Trustees No packet material will be provided for this item. The Town of Estes Park is committed to providing equitable access to our services. Contact us if you need any assistance accessing material at 970-577-4777 or townclerk@estes.org. PUBLIC COMMENT RECEIVED ON 11/12/2025 Board of Trustees Public Comment Name: Frank Theis Stance on Item: Neutral Agenda Item Title: Public Comment: Please do not be dismissive of the results of the Ballot Initiative 300. I have heard several comments dismissing the results as ill-informed or a small percentage of the population. However, as one who opposed the initiative, I feel like a good effort was made to get out information to the voters, and the results provide a snapshot of a broad anti-growth sentiment in the community. I believe there is a wide range of views regarding individual development projects, rezonings, and workforce housing, but underlying most is a sense that we need to "pump the brakes" on growing our population. Elections have consequences, and the Board of Trustees should consider shifting your approach to growth issues as a result of this election result. Our very successful tourism-based economy has been driven by consistent growth, but maybe it's time to think about slowing things down. File Upload Please note, all information provided in this form is considered public record and will be included as permanent record for the item which it references. Files are limited to PDF or JPG. 25 MB limit. Video files cannot be saved to the final packet and must be transcribed before submitting.