HomeMy WebLinkAboutPACKET Town Board Study Session 2026-04-14Informal discussion among Trustees and staff concerning agenda items or other Town
matters may occur before this meeting at approximately 4:45 p.m. Dinner provided to
the Board at 5:00 p.m.
Town Board of Trustees Study Session
April 14, 2026, from 5:15 p.m. – 6:45 p.m.
Town Hall Board Room, 170 MacGregor Ave, Estes Park
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Contact us if you need any assistance accessing material at 970-577-4777 or
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Meeting Participation
This meeting will be streamed live and available on the Town YouTube page. Click on
the following link for more information on Digital Accessibility.
Public comment
Public comments are not typically heard at Study Sessions, but may be allowed by the
Mayor with agreement of a majority of the Board.
Agenda
5:15 p.m. Murals and Sign Code
Presented by Director Careccia
6:00 p.m. Estes Park Development Code Amendment to Allow
Small Visitor-Serving Autocycle Operations with Special
Review
Presented by Director Careccia
6:30 p.m. Trustee and Administrator Comments and Questions
6:40 p.m. Future Study Session Agenda Items
6:45 p.m. Adjourn for the Town Board Meeting
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: Steve Careccia, Community Development Director
Department: Community Development
Date: April 14, 2026
Subject: Murals and Sign Code
Purpose of Study Session Item:
The purpose of the study session is twofold: provide the Town Board with an overview
of the characteristics and treatment of murals; and seek Town Board direction on
whether to allow commercial messaging on murals.
Town Board Direction Requested:
Town Board direction is sought on whether to amend the Municipal Code to allow
commercial messaging on murals.
Present Situation:
Regulations and standards addressing signage are established in Chapter 17.66 --
Signs of the Municipal Code (sign code). The following definitions, as established in
Section 17.66.040 – Definitions, are relevant to this discussion (emphasis added):
Commercial message means any sign wording, logo, or other representation that
names, advertises, or calls attention to a business, product, service, or other
commercial activity.
Sign, signage means any device, fixture, placard, or structure that uses any
color, form, graphic, illumination, symbol, or writing to advertise, announce the
purpose of, or identify the purpose of a person or entity, or to communicate
information of any kind to the public. The term "signage" is deemed to be
identical to the term "sign", whether singular, plural, or collective. A graphic
display whose purpose and function is purely decorative or artistic in character,
that is recognizable as such to a typical observer, and that is not intended to
convey a particular message, is not deemed to be a sign for purposes of this
Chapter.
Sign display area (individual) means the area of a sign face (which is also the
sign display area of a wall sign or other sign with only one (1) face) shall be
computed by means of the smallest square, circle, rectangle, triangle, or
combination thereof that will encompass the extreme limits of the writing,
representation, emblem, or other display, together with any material or color
forming an integral part of the background of the display or used to differentiate
the sign from the backdrop or structure against which it is placed, but not
including any supporting framework, bracing, or decorative fence or wall when
such fence or wall otherwise meets zoning regulations and is clearly incidental to
the display itself.
Neither the Development Code nor Municipal Code specifically define ‘Mural.’ However,
the Town’s Public Art Policy defines a ‘Mural’ as follows (emphasis added):
Any work of visual art painted or applied directly on a wall, ceiling, or other large
permanent surface. Murals do not include pictures, symbols, or devices of any
kind that relate to a commercial business, product or service offered on the
premises where the mural is located.
Signage requires the submittal of permits to the Community Development Department
and review to ensure compliance with the sign code. An artistic, decorative mural would
be exempt from this process and the sign code’s provisions. However, if the mural
contained commercial messaging, then the entire mural would be considered a sign,
subject to the sign code and department’s permitting process. If the business has
sufficient sign display area as determined by the sign code, then the mural could be
permitted. However, as murals are typically larger in size, often an entire wall face of a
building, the size generally exceeds that allowed for the business.
Proposal:
The Town Board has expressed interest in allowing commercial messaging on murals.
While the sign code does not prohibit a business from utilizing a mural with commercial
messaging, any such mural would be considered a sign in its entirety. As such, the
mural’s size would be determined by the sign code’s sign display area requirements.
Any proposal to allow commercial messaging on an otherwise artistic mural would
require staff to determine distinctions between the commercial and non-commercial
messaging, and between what would be considered signage and what would be
exempt. As such, while such a proposal could be formalized in the sign code, there
would be difficulties in application and enforcement.
Should the Town Board direct staff to proceed with a sign code amendment to allow
commercial messages on murals, then specific guidance would be helpful as to the
extent, place, and manner of such allowance.
Advantages:
• Potential new advertising opportunities for businesses
Disadvantages:
• Attempting to mix commercial and non-commercial messages on a single display
would pose a significant challenge for staff to have to differentiate between such
messaging
• Potential for inconsistent application of the sign code
• Potential for free speech/First Amendment challenges should a mixed-message
mural be denied
Finance/Resource Impact:
None at this time.
Level of Public Interest:
Anticipated to be low to moderate for a sign code amendment allowing mixed-message
murals.
Attachments:
None
Murals & Sign Code
Town Board Study Session
April 14, 2026
Purpose & Direction
•Provide Town Board with how murals are currently addressed
•Seek direction on whether to amend sign code to address
commercial messaging on murals
2
Present Situation
•Signage addressed in Municipal Code – Chapter 17.66
•Time, place & manner versus content
•Definitions of Commercial Message, Sign, Sign Display Area & Mural
•Sign code allocates each business/entity a certain amount of signage
•Signs require review and approval of sign permit
•Mural with commercial messaging is permitted but would be considered a sign
subject to sign code regulations
3
4
Commercial message means any sign wording, logo, or other representation that names, advertises, or
calls attention to a business, product, service, or other commercial activity.
Sign, signage means any device, fixture, placard, or structure that uses any color, form, graphic,
illumination, symbol, or writing to advertise, announce the purpose of, or identify the purpose of a
person or entity, or to communicate information of any kind to the public. The term "signage" is deemed
to be identical to the term "sign", whether singular, plural, or collective. A graphic display whose purpose
and function is purely decorative or artistic in character, that is recognizable as such to a typical
observer, and that is not intended to convey a particular message, is not deemed to be a sign for
purposes of this Chapter.
Sign display area (individual)means the area of a sign face (which is also the sign display area of a wall
sign or other sign with only one (1) face) shall be computed by means of the smallest square, circle,
rectangle, triangle, or combination thereof that will encompass the extreme limits of the writing,
representation, emblem, or other display, together with any material or color forming an integral part of
the background of the display or used to differentiate the sign from the backdrop or structure against
which it is placed, but not including any supporting framework, bracing, or decorative fence or wall when
such fence or wall otherwise meets zoning regulations and is clearly incidental to the display itself.
Mural - Any work of visual art painted or applied directly on a wall, ceiling, or other large permanent
surface. Murals do not include pictures, symbols, or devices of any kind that relate to a commercial
business, product or service offered on the premises where the mural is located.
Recent Example – Before Condition
5
Recent Example – After Condition
6
Proposal, Advantages & Disadvantages
•Town Board has expressed interest in allowing commercial messaging on murals
•Seeking direction on what should be allowed
•Potential new advertising opportunities for businesses
•Difficult to differentiate between commercial and non-commercial messages
•Difficult to differentiate between what is signage and what is art
•Potential for inconsistent application of the sign code
•Potential for First Amendment challenges should a mixed-message mural be denied
7
Direction Requested
•Should staff proceed with an amendment to allow commercial messaging
on murals?
8
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: Steve Careccia, Community Development Director
Department: Community Development
Date: April 14, 2026
Subject: Code Amendment to Allow Small Visitor-Serving Autocycle Operations
with Special Review
Purpose of Study Session Item:
Provide the Town Board with alternatives on autocycle rental within the CD Downtown
Commercial zoning district.
Town Board Direction Requested:
Staff is seeking Town Board direction on whether to process an amendment to the
Development Code that would allow limited autocycle rental in the CD Downtown
Commercial zoning district.
Present Situation:
The following uses, as defined in the Development Code, and below information are
relevant to this discussion:
Section 13.2.C.44.3 Sightseeing/Tour Vehicle Facility. A facility for the location of
any motor-propelled passenger-carrying vehicle, which has six (6) or more seats,
used in the conveyance, for hire, of tourists and sightseers, for the purpose of a
sightseeing trip or tour in the visiting and viewing of places of interest. The facility
shall include on-site ticket sales and customer parking. The facility may or may
not involve on-site storage of the sightseeing/tour vehicles.
Section 13.2.C.47.a.(5) Vehicle/Equipment Sales and Rentals: Sale or rental of
automobiles, motorcycles, trucks, tractors, construction or agricultural equipment,
mobile homes, boats and similar equipment, including incidental storage and
incidental maintenance.
Pursuant to Development Code Table 4-4 Permitted Uses: Nonresidential Zoning
Districts, a Sightseeing/Tour Vehicle Facility is a Special Review Use (S2) in the CD
Downtown Commercial zoning district. Vehicle/Equipment Sales and Rentals are
prohibited in the CD Downtown Commercial zoning district.
Special Review Uses require a more detailed evaluation to ensure that potential
adverse impacts on surrounding properties are appropriately addressed. This evaluation
includes a review of traffic generation and circulation, the availability and configuration
of parking, and adequate ingress/egress, along with other criteria established in the
Development Code. An S2 Special Review Use involves a neighborhood meeting and
public hearings before both the Planning Commission and the Town Board, with the
final determination made by the Town Board.
The terms ‘vehicle’ and ‘autocycle’ are not defined in the Development Code or
Municipal Code. However, the Model Traffic Code for Colorado, Revised 2020,
published by the Colorado Department of Transportation, as adopted by the Municipal
Code, provides the following definitions:
“Vehicle” means a device that is capable of moving itself, or of being moved,
from place to place upon wheels or endless tracks. “Vehicle” includes, without
limitation, a bicycle, electrical assisted bicycle, or EPAMD (electronic personal
assistive mobility device), but does not include a wheelchair, off-highway vehicle,
snowmobile, farm tractor, or implement of husbandry designed primarily or
exclusively for use and used in agricultural operations or any device moved
exclusively over stationary rails or tracks or designed to move primarily through
the air.
“Autocycle” means a three-wheeled motorcycle that does not use handlebars or
any other device that is directly connected to a single front wheel to steer and in
which the driver and each passenger ride in a fully or partly enclosed seating
area that is equipped with safety belts for all occupants that constitutes a safety
belt system, as defined in Section 42-4-237(1)(b). For purposes of this
subsection (7.5), “partly enclosed seating area” means a seating area that is
entirely or partly surrounded on the sides by the frame or body of a vehicle but is
not fully enclosed.
Regarding parking in Downtown, the off-street parking requirements established in
Section 7.11 (Off-Street Parking and Loading) of the Development Code do not apply in
the CD Downtown Commercial zoning district. As such, downtown businesses do not
have to provide parking spaces onsite compared to other businesses outside Downtown
that do have to provide a minimum number of parking spaces (dependent on the use).
Retail uses are permitted in the CD Downtown Commercial zoning district. As defined in
the Development Code, retail uses may offer the r ental of consumer, home, and
business goods. This would include the rental of micromobility devices such as bicycles,
e-bicycles, and scooters, but not autocycles or other similar vehicles.
Proposal:
The Town Board has expressed interest in considering autocycle rental in the CD
Downtown Commercial zoning district in response to a request from a business owner
wanting to conduct such rental operation from a downtown location. As such, staff has
provided the below alternatives and analysis for Town Board consideration:
Alternative 1 – Limited Autocycle Rental
An amendment to the Development Code could be processed to allow limited autocycle
rental in the CD Downtown Commercial zoning district as a permitted use. Such
allowance could include standards limiting the number of autocycles located onsite,
designating appropriate areas for storing the vehicles (i.e. only designated private
parking spaces), and other site-related review criteria. Town Board direction on desired
standards, especially any standard limiting the number of rentable autocycles onsite,
would help staff draft an appropriate amendment.
Limiting the proposed amendment to autocycles could raise concerns related to fairness
and consistent application of code, especially if other business owners request approval
to rent other types of vehicles or equipment, or t o operate a Sightseeing/Tour Vehicle
Facility by right. An additional consideration is the availability of parking for the
autocycles and customers, in an area of Town that sees significant seasonal demand
for parking. Any proposed amendment would need to address this issue by ensuring the
rentable autocycles are not placed in public parking spaces or in areas not intended for
parking, such as landscaped areas or driveways.
Alternative 2 – Limited Autocycle Rental with Special Review (S2)
This alternative is similar to Alternative 1, but adds the requirement for a Special Review
(S2). So, while Alternative 1 would allow Limited Autocycle Rental as a permitted use by
right in the CD Downtown Commercial zoning district, Alternative 2’s requirement for a
Special Review would require public hearings before the Planning Commission and
Town Board, with final decision-making authority resting with the Town Board. The
Special Review process allows the Commission to recommend and Board to impose
modifications, conditions, and restrictions as deemed appropriate to mitigate any
identified concerns from the use. Such process would add time and cost, and
uncertainty, for the applicant/operator but would allow the Planning Commission, Town
Board, surrounding property owners, and the community at large to participate in the
evaluation and decision-making process. This alternative also presents the same
concerns regarding fairness and consistent code application identified in Alternative 1.
Alternative 3 – No Change
Alternative 3 would forgo any changes to the Development Code. Autocycle and other
vehicle rental would remain a prohibited use in the CD Downtown Commercial zoning
district. However, this alternative does not prevent the Town from undertaking a future,
more comprehensive review of permitted uses in the Downtown area and considering a
subsequent amendment to the CD Downtown Commercial zoning district at a later time.
Advantages:
•A business owner would be allowed to conduct autocycle rental operations in
their chosen Downtown location.
Disadvantages:
•Changes to the Development Code should be considered in a comprehensive
and careful manner rather than at the request of a single entity or special
interest. Otherwise, the Development Code may be subject to inconsistencies,
questionable fairness, and ambiguous regulations.
• Should a specific, limited number of rentals be permitted, then future operators
will need to be aware of and adhere to the limitation. Otherwise, future code
enforcement issues will arise.
Finance/Resource Impact:
Should the Town Board direct staff to amend the Development Code, staff time will be
required to process the amendment.
Level of Public Interest:
Public interest is low at this time.
Attachments:
None
Code Amendment to Allow
Small Visitor-Serving Autocycle
Operations with Special Review
Town Board Study Session
April 14, 2026
Purpose & Direction Requested
•Provide Town Board with alternatives on autocycle rental within
the CD Downtown Commercial zoning district
•Seek Board direction on whether to allow limited autocycle rental
•Seek direction on what standards should apply
2
What is an Autocycle?
3
Source: Polaris
Source: TNW News
Source: EPK Adventure Rentals
“Autocycle” means a three-wheeled motorcycle that does not use handlebars or any other
device that is directly connected to a single front wheel to steer and in which the driver and each
passenger ride in a fully or partly enclosed seating area that is equipped with safety belts for all
occupants that constitutes a safety belt system, as defined in Section 42-4-237(1)(b). For
purposes of this subsection (7.5), “partly enclosed seating area” means a seating area that is
entirely or partly surrounded on the sides by the frame or body of a vehicle but is not fully
enclosed. (CDOT Model Traffic Code)
Present Situation
•Vehicle/Equipment Sales & Rental prohibited downtown
•Sightseeing/Tour Vehicle Facility requires Special Review
•Parking requirements do not apply downtown
•Downtown retail uses may rent bikes, e-bikes, & scooters but not vehicles
•Business owner would like to rent autocycles downtown
•Town Board expressed interest in allowing limited autocycle rental
4
Proposal – Alternative 1
•Limited autocycle rental allowed by-right (staff-level approval)
•Subject to compliance with Development Code standards
•How many appropriate?
•Parking restrictions, location?
•Open to other vehicles (i.e. OHVs) or sightseeing tour vehicles?
•Consistency and fairness could be issue
5
Proposal – Alternative 2
•Limited autocycle rental allowed with Special Review
•Subject to compliance with Development Code standards
•Neighborhood meeting
•Public hearings before Commission and Board
•More time & uncertainty but allows public review
•Same need for standards
•Same issues with consistency and fairness
6
Proposal – Alternative 3
•No change to the Development Code
•Rental of autocycles would remain a prohibited use in Downtown
•Could be opportunities for more comprehensive, future action
7
Advantages & Disadvantages
Advantages:
•A business owner would be allowed to conduct autocycle rental operations in their
chosen Downtown location.
Disadvantages:
•Changes to the Development Code should be considered in a comprehensive and
careful manner rather than at the request of a single entity or special interest.
Otherwise, the Development Code may be subject to inconsistencies, questionable
fairness, and ambiguous regulations.
•Should a specific, limited number of rentals be permitted, then future operators will
need to be aware of and adhere to the limitation. Otherwise, future code
enforcement issues will arise.
8
Direction Requested
9
•Should staff pursue an amendment to allow limited autocycle
rental downtown?
•If so, what standards should that amendment include?
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.
Future Study Session Items
April 28, 2026
• No Study Session
May 12, 2026
• Governance Orientation
May 26, 2026
• CIRSA Liability and Risk as an Elected Official
• Policy 102 (Town Committees) Liaison Review
• Policy 102 (Town Committees) Focus Groups Draft
June 9, 2026
• Growth Management Areas Overview
• Development Code Neighborhood Meeting Requirement
June 23, 2026
• Water Rate Study
• Business Support
• Downtown Plan Approach
July 14, 2026
• Police Department Facility Financing
• Administrative Regulations Enforcement Process
July 28, 2026
• Development Code Update 50% Draft Review
Items Approved - Unscheduled
• Structure of Potential Development Agreement with Whimsadoodle and the
Estes Park Housing Authority for Cleave Street Development
• Liquor License Process
• Winter Event Strategy Proposal
Items for Town Board Consideration
• Housing Definitions Check-In