HomeMy WebLinkAboutPACKET Town Board Study Session 2026-05-26Informal discussion among Trustees and staff concerning agenda items or other Town
matters may occur before this meeting at approximately 4:15 p.m.
Town Board of Trustees Study Session
Tuesday, May 26, 2026, from 4:30 p.m. – 6:45 p.m.
Town Hall Board Room, 170 MacGregor Ave, Estes Park
Accessibility Statement
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.
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
4:30 p.m. CIRSA Liability and Risk as an Elected Official
Presented by CIRSA General Counsel Light
5:25 p.m. Break for Dinner
5:35 p.m. Development Code Neighborhood Meeting Requirement
Presented by Director Careccia
5:55 p.m. Rezoning Criteria
Presented by Director Careccia
6:35 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
Presented by: Sam Light, CIRSA Deputy Executive
Director/General Counsel
Elected Officials Presentation
Town of Estes Park • May 26, 2026
Attachment 1
2
Introduction – Overview
•Presentation on best practices for liability and risk management issues at the governing
body level. Suggestions that will enhance your effectiveness and success and, in turn,
reduce risk for the Town, Town Board, and you individually. Topics we will touch on
include:
•The fiduciary role of public official
•Transparency laws and liability risks
•Organizational structure & liability
•Ethics & personal conduct
•Quasi-judicial decision-making
•Presentation is a training resource only; is not intended to address or provide legal
advice on any specific, pending issues.
3
The Fiduciary Role of Public Official
•There are unique dynamics of being a local public official:
•Citizen → government official (24/7!)
•Outsider → insider
•Critic/proponent → representative-ambassador-of the Town as an
entity and of the local public body upon which you serve.
•“The holding of public office or employment is a public trust, created by the
confidence which the electorate reposes in the integrity of…local government
officials and employees.”
4
The Fiduciary Role of Public Official
•Within a municipal/public entity structure, effective governance and effective
risk management requires continual recognition that you are .
•Among other attributes, the fiduciary responsibility requires:
•Recognition of broader public interest.
•The ability to place the Town’s interests and the public interest above
narrow, personal, single-issue or other interests.
•A commitment to consider matters on their merits alone.
5
Transparency Requirements & Risks
•Honor the openness requirement of Colorado’s Open Meetings Law (OML): Applies to
. Requires discussion of public business
take place at meetings open to the public.
•Also, if action will be taken or a quorum will be present, there must be timely notice.
Board action must be taken only at a duly-noticed public meeting.
•A “meeting” includes any gathering to discuss public business, in person, by phone, or
electronically (e-mail, etc.). Thus, electronic communications can also raise OML issues.
•Allegations of and have become a focus of
litigation, and such activities must be avoided.
•Executive sessions? Make sure you follow the requirements of the OML. Have
appropriate systems in place to protect confidential information.
6
Transparency & Electronic Communications
•Using email? See handout and this CIRSA article: https://www.cirsa.org/news/how-the-
colorado-open-meetings-law-applies-to-elected-officials-email/). Separate from OML
compliance issues, the correspondence of elected officials that relates to their duties or
public funds is generally treated as a matter of public record (with limited exceptions).
•Thus, recognize that emails and other electronic communications discussing public
business could be a record subject to disclosure under Colorado’s Open Records Act.
•And electronic communications of all kinds may be subject to the civil discovery process
and may be required to be divulged in litigation.
•Public officials must be cautious in their use of electronic communications to avoid
getting crosswise with one or more of these legal considerations.
7
Organizational Structure & Liability
•Everyone within the organization has a “job description”—it is important that everyone
honor their “job description,” both to help ensure the organization functions at a high
level, and to avoid risks of liability, including the risk of personal liability!
•Under Colorado Governmental Immunity Act (CGIA) you have protection from personal
liability if you are “within the scope of employment (SOE)” and not acting “willfully and
wantonly.” Means everyone needs to know and respect their “job description.”
•Conduct that is “outside the scope” or “willful and wanton” can result in a loss of
governmental immunity and create liability, including personal liability.
•“Willful and wanton conduct”: Conduct that is purposefully undertaken and
calculated to cause harm, in conscious disregard of the consequences or rights or
safety of others.
8
Organizational Structure & Liability
•Can also result in potential loss of insurance coverage. Public official liability (POL)
policies follow “course and scope” and “willful and wanton” concepts. That is, they
extend coverage to elected officials “in their capacity as such” (or similar) and have
provisions excluding coverage where liability is imposed for willful and wanton conduct,
fraud, ill-gotten gain, or criminal or malicious acts.
•The CGIA provides a form of qualified immunity, but it is not an absolute shield.
Similarly, a federal form of qualified immunity protects government officials from liability
for civil damages “insofar as their conduct does not violate clearly established statutory
or constitutional rights of which a reasonable person would have known.”
•Recognize that certain liability risks—in particular, civil rights, employment practices and
tort exposures—can be exacerbated by “bad facts” that suggest (or are perceived to be
based upon) retaliatory or malicious conduct.
9
Legislative v. Administrative Matters
•A key component of SOE is the legislative-administrative distinction, which is recognized in
the Town’s organizational structure and municipal code. The Town operates with a Board-
Administrator form of government. Under this structure, there is policy/administration
allocation of duties, responsibilities and roles. This the most common municipal structure.
•Board of Trustees: Legislative & governing body (Policy & Governance)(CRS 31-4-301).
Mayor is presiding officer and executive head of Town for ceremonial and legal purposes.
•Town Administrator: Chief administrative officer of the Town (i.e., Administration)(Town
Code 2.28.020). Responsible for efficient administration of all departments and “day-to-
day” operations.
•By statute, ordinance, etc., certain duties are performed by Board and certain duties are
performed by staff. These allocations of authority and responsibility not only define the
organization’s structure; they define “scope of employment” for everyone in it.
10
Supporting Organizational Structure
•Tips to support the structure and avoid concerns around “role discipline” and “scope”:
•Understand “job description” and stay within it. Note, the “powers and duties”
provisions applicable to the Board (and others) serve to define SOE.
•Recognize that elected officials act primarily as a BODY, and exercise responsibilities
mainly by group discussions and group decision-making in a PUBLIC MEETING.
“Powers and duties” of the Board are exercised by the body as a whole.
•Therefore, the role is a group role! Think “We” ... not “I”! If you find yourself about to
act in terms of “I” rather than “we” ...that’s a red flag.
•Another red flag? “He/she/they did what?!?!”
11
Supporting Organizational Structure
•Adherence to organizational structure in particularly important in the areas of employee
relations and administrative matters delegated to staff. Except for those employees that are
the “direct reports” of the governing body, elected officials are not employee supervisors;
and for its “direct reports” the Board as a Board is the supervisor. Therefore:
•Don’t get individually and improperly involved in personnel issues-remember your SOE!
•Don’t engage in or facilitate activities that bypass the Town’s rules or procedures.
•Similarly, avoid getting individually and improperly involved in permit or other
administrative matters assigned to staff.
•It’s not that administrative matters are “hands off” for elected officials – you are entitled to
ask questions and get information - but it’s important to exercise role discipline to prevent
entanglements, disempowerment, misunderstandings, and exposure to legal liability.
12
Supporting Organizational Structure
•Establish, in collaboration with your Administrator, a process for bringing forward your questions
and concerns (or those raised by citizens) about administrative matters.
•Use your Administrator and staff as a resource for accurate information and to get things done
(and look good while doing it!). Be cautious of reacting to “one side of the story” or being
“conscripted” into an attempted “end run.”
•Avoid being swayed by the (understandable but mistaken) view that individual members have
the power to override administrative decisions vested in others.
•Resolve to work through your differences at the governing body level and speak with “one voice”
to your direct reports. The solution for unresolved differences is not for individual members to
take the issue upon themselves. Also, do not conscript staff into issues at the member level.
•Be cognizant of perceptions and impacts arising from interactions with staff. For example, your
comment that “I’d like to see this” may be perceived as an order and/or create confusion
particularly if contrary to the Board’s direction.
13
Ethics & Personal Conduct
•Become familiar with the ethics rules governing your conduct (E.g. Colorado Code of
Ethics, title 24, art. 18, C.R.S., and other applicable laws). The theme that runs through
codes of ethics is: It is not permissible to use public office for private gain. Some key
areas:
•Conflicts of Interest: Disclose, recuse, don’t vote, and don’t influence other members.
•Confidential Information: Don’t disclose or use any confidential information for
personal benefit.
•Gifts: Decline any gifts that seem to be connected to your service (and abide by gift
rules).
•Avoid situations that may create an appearance of impropriety. Recognize that in matters
of ethics, fair or not, sometimes perception = reality and reality = perception.
14
Ethics & Personal Conduct
•Beyond compliance with applicable ethics law, commit to personnel conduct that
strengths the WE – the Board of Trustees as an institution. This sometimes requires
personal sacrifices, such as:
•Setting aside a personal interest or agenda when there is lack of support.
•Accepting “the Board has spoken” though one preferred a different outcome.
•Respecting Board rules of procedure and “norms of conduct”.
•Avoiding perceptions (internal or external) of “getting ahead” of or “speaking for”
the voice of Board where it has not yet spoken.
15
Ethics & Personal Conduct
•Recognize also that inappropriate personal conduct can be destructive to a public body,
its agenda, its reputation, and to public faith/trust. Some problem areas we’ve seen:
•“Outlier syndrome” and individual elected officials “going it alone” or “fomenting
controversy” for its own sake where none was otherwise existing or apparent.
•Accusations of lack of respect, incivility, lack of good faith, hidden agendas,
preconceptions, undue partisanship (by law, Colorado municipal elections are
nonpartisan), incivility, or other concerns creating a sense of distrust.
•An “imbalance” of information and/or participation on the body, or bodies constantly
lining up with the same split vote on every issue.
•Meetings unfolding with “surprise,” “gotcha” or “staff bashing” moments giving rise
downstream to liability concerns.
16
Quasi-Judicial Rules of Engagement
•Often the Board of Trustees and its members are acting as “legislators”—making general
policies that apply generally—or handling routine business matters.
•But at other times you make decisions affecting a specific applicant’s property rights. For
these “quasi-judicial” matters—e.g., land use and licensing applications before the
Board—the members are essentially acting as judges. In this role you have heightened
responsibilities to provide “due process” and a failure to provide due process exposes
you and the Town to liability.
•So, be familiar with the due process “rules of engagement” that apply to quasi-judicial
matters. These rules require you conduct yourselves like judges, not like legislators.
•These rules have a familiar source: “No person shall be…deprived of life, liberty, or
property, without due process of law.”
17
Quasi-Judicial Rules of Engagement
•Avoid Ex Parte Contacts: As the judge, don't engage with the applicant or others, or with your
fellow quasi-judges, before or outside the hearing about the issues to be decided at the hearing.
•Maintain Impartiality: As a judge, remain neutral; don't make up your mind before the hearing
and don’t make prejudicial pre-hearing statements.
•Recusal: As the judge, you must recuse yourself from the proceedings if you have a conflict of
interest or other disqualifying circumstance.
•Judicial decision-making: Your deliberations and decision on a quasi-judicial matter
only the presented at your hearing
(i.e., the standards) that apply to the decision before you. In this role you must set aside
personal bias, opinions, and preferences. In deliberations, use Sam’s “Rule of Why.”
•For more on the quasi-judicial “rules of engagement” see handout and this presentation:
https://www.cml.org/docs/default-source/2024-conference-presentations/6-19-24-1045-cml-
2024-qj-decision-making.pdf?sfvrsn=ee380f05_2.
18
Concluding Thoughts
•Key “takeaways” for managing and mitigating risks at the governing body level.
•Remember and embrace the policy/administrative distinction
•Take the time you need & get the information you need to make sound decisions
•Have focused and on-point deliberations—they lead to defensible decisions
•Individually and collectively, stay within your authority and “SOE”
•Know the rules, play by the rules, and apply them evenhandedly
•Embrace and provide good process—process is itself a government service
•Follow transparency rules
•Recognize the authority of Board is exercised collectively
•Commit to civility and mutuality of respect
•Work individually and collaboratively to fulfill your fiduciary responsibilities
19
Resources
CIRSA Elected Officials Handbook:
https://www.cirsa.org/wp-
content/uploads/2019/06/EthicsLiabilityBestPra
cticesHandbookForElectedOfficials.pdf
CIRSA elected and appointed officials’ resources:
https://www.cirsa.org/safety-training/elected-
officials/.
CIRSA news & events page:
https://www.cirsa.org/news-and-events/news/
CIRSA Training & Events Calendar:
https://www.cirsa.org/news-and-events/events-
calendar/
CIRSASafety YouTube Channel:
https://www.youtube.com/@CIRSASafety/videos
20
About the Colorado Intergovernmental Risk Sharing Agency (CIRSA)
•Public entity self-insurance pool for property, liability, and workers’ compensation coverages.
•Formed by in 1982 by 18 municipalities pursuant to CML study committee recommendations.
•Not an insurance company, but an entity created by intergovernmental agreement of our
members.
•Total membership today stands at 294 member municipalities and affiliated legal entities
•Member-owned, member-governed organization.
•No profit motive – sole motive is to serve our members effectively and responsibly.
•CIRSA Board made up entirely of municipal officials.
•Seek to be continually responsive to the liability-related needs of our membership –
coverages and associated risk management services, sample publications, training, and
consultation services, as well as specialty services such as home rule charter review.
•We have the largest concentration of liability-related experience and knowledge directly
applicable to Colorado municipalities.
21
22
Speaker Bio
Sam Light is Deputy Executive Director / General Counsel for the Colorado
Intergovernmental Risk Sharing Agency (CIRSA). Previously, Mr. Light was a partner
with the Denver law firm of Light | Kelly, P.C., specializing in municipal and other
public entity law, insurance law and defense of public entities and elected officials.
Sam is a frequent speaker on public entity risk issues and municipal law and has
practiced in Colorado since 1993.
2026 CIRSA MEMBER APPRECIATION LUNCHES
JOIN US FOR OUR LUNCH AND LEARN SERIES!
Tami Tanoue, CIRSA Executive Director, Sam Light, CIRSA Deputy Executive Director/General Counsel, and other members of the CIRSA
team, will be traveling throughout the state this summer and fall to connect with you! Our Member Appreciation Lunches offer a great
opportunity to share information, ask questions, learn more about the programs and services we provide, network with fellow members,
and gain insights into the challenges and solutions that members are facing across the state.
l.UNCHES BEGIN AT 11 ;30 A.M. AND CONCUJDE AROUND 1:00 P.FVf.
TO REGISTER & VIEW IUNCH VENUES, PLEASE CLICK ON THE LOCATION LINKS BFIOW
MEMBERS ARE WELCOIV1E TO ATTEND ANY LOCATION
' The June 23rd event in Westminster will celebrate our members' elected and appointed officials, many of whom will be attending
the annual Colorado Municipal League conference, which is just a short 5-minute drive away. '
MON | SEPT 14
TUES|JULY 28 MON | OCT 26
TUES|JUNE 23
TUE|JULY 21 TUESI SEPT 01
MON|OCT 19
WED | SEPT 23
WED | JULY 22 TUES | AUG 04
THUR|OCT 08
THURI SEPT 24
WED | AUG 19
TUES | AUG 18
If you have any questions, please contact Shannon Pursley at shannonp@cirsa.org or 303.594.6249.
Attachment 2
CIRSA
SAFER TOGETHER
GET TO KNOW CIRSA - YOUR TRUSTED PARTNER
Formed by Colorado municipalities for Colorado mtinidpalities, CIRSA empowers our members to take control of risk,
safety and losses. Municipal staff and elected officials work smarter and safer by relying on us to meet municipal risk
management needs. We are:
• A self-insurance pool created by intergovernmental agreement of member municipalities (and other public entities)
o Pools exist in part to provide stability in costs from year to year
• Governed by a Board of Directors made up of member officials
• A pool that operates exclusively in Colorado; subject matter experts in Colorado risk management issues
• Accountable to each member individually and membership as a whole, and not to stockholders seeking a profit
o This guides everything we do: we look for ways TO serve, and we look FOR coverage, not exclusions FROM
coverage
• Regulated by Division of Insurance
CIRSA's coverages extend beyond what commercial providers offer:
• Coverages are broad, with limits that are tailored to your actual risks
o Example: You don't pay extra for high limits in areas where you would likely not have an exposure that would
reach those limits, such as auto liability
• We seek to meet members' reasonable expectations around coverage, so our coverages evolve continually as
members' needs and expectations change
• We provide "no deductible" coverages in unique specialty areas. When you use these coverages, they directly
offset expenses that your municipality would otherwise incur, at no additional cost. These "no deductible" specialty
coverages include, among others:
o Defense of actions challenging "quasi-judicial" decisions
o Defense of public records/criminal justjce records claims against custodian of records
o Costs of medical expenses for claimed "in-custody" injuries
• Workers' compensation: WC coverages are statutory, so there is no variance between providers. But because WC
claims often have liability implications, a member of both CIRSA's property/liability pool and WC pool has the
advantage of having a WC claim handled holistically, with a view towards a global liability and WC settlement when
appropriate.
TRAINING & PREVENTION SERVICES THAT HELP YOU MANAGE YOUR RISKS
The best claim is the claim you are able to avoid having at all. To that end, we provide a large array of value-added
services to partner in risk management for virtually every municipal department:
Municipal Properties: We provide pre-loss roof inspections at entry; periodic property valuations by an outside valuation
company; pre-loss preparation assistance for potential events such as wildfires; replacement cost rather than actual cash value
valuation for most properties; assignment of a construction professional to serve as your advocate and consultant in major
property losses; annual property surveys by the Risk Control Department.
CIRSA.org | 3665 Cherry Creek North Drive | Denver, CO 80209 | 303.757.5475 800.228.7136
Attachment 3
CIRSAATAGLANC
Cyber-risks: In addition to basic and optional cyber coverages, we pay for your cost to join KnowBe4 for cyber-risk training
(including periodic "phishing" tests) for ALL of your employees. The value of this benefit to each member ranged in 2023 from
?391 to 332,400 which varies based on the number of users.
Governing Body/Boards and Commissions: Governance and liability training; quasi-judicial training; ethics training; retreat
facilitation; values, norms, and rules of conduct training; harassment and respectful conduct training.
Human Resources: Liability hotline for employment issues; policy review; assistance with potentially high-risk employment
investigations and actions; supervisory training; harassment and respectful conduct training; bullying training; contracting issues
training, etc. In issues requiring a high degree of discretion and/or specific legal expertise, we can open a file pre-daim and
assign a defense attorney (or other professionals) to assist; this service is invaluable in handling sensitive personnel matters.
Financial: We will provide you with analyses to help you identify the "sweet spot" for deductibles, and assist with gauging the
financial impact of selected deductibles. We make available the services of our actuary on an as-needed basis, too. We can also
assist with allocating coverage and liability costs to your various departments. To assist in tracking claims, we offer access to our
Origami Member Portal, which sen/es a number of the purposes of a risk management information system (RMIS).
Police: We recognize that law enforcement is a critical high-value service that carries critical high-value risk, so we devote
substantial resources to police liability and officer wellness issues, including: Regional Law Enforcement Roundtables;
ABLE (Active Bystandership for Law Enforcement); CORDICO Wellness app; SIGMA cardiac assessments; Dr. Jamie Brower
psychological counseling services; policy review; and coverage for police officers' $25,000 personal liability per S.B. 20-217.
Public Works/Parks: Many of our "core" risk control services and trainings are aimed at your public works and parks
exposures. Public works personnel can obtain their required Continuing Education Units (CEU) through CIRSA's course
offerings. We provide playground inspections. Our Risk Control Department is certified to provide waterslide inspections in
accordance with State Amusement Rides and Devices Program requirements.
Risk Management: Our Risk Control Department can be used as an extension of your own risk management work. Our risk
control services are uniquely tailored to the municipal risk profile, and when you use these services, they help directly offset
risk management expenses your entity would otherwise incur. As an example, one CIRSA member with a population of 31,000
was provided with more than ?176K in value-added risk management services over a 4-year period. In addition, our Legal and
Underwriting Departments can assist with review of contractual insurance and risk transfer arrangements and provide resources
on other risk issues.
Claims Handling: Our Claims Department will partner with you to bring covered claims to a successful resolution. With an
average claims handling experience of over 20 years, our Claims staff has extensive knowledge in handling public entity claims,
and since they only handle claims in Colorado, they have a level of expertise that surpasses other insurance carriers. You can
choose from law firms on our defense panel that are the "go-to" firms for public entities in their areas of expertise. We'll also
assist in matters that may not otherwise be covered, too. For example, if you have a "no fault" sewer backup program, we'll be
glad to adjust those claims for you (or assist you in setting up such a program). If you need help in subrogation matters (to
recover amounts from an at-fault third party contractor, for example), we can assist you with seeking and obtaining recovery. If
you'd like to partner in a program to "self-handle" some claims, we have a framework in place to accomplish that and still keep
in place coverages that might otherwise be compromised by "self-handling."
Underwriting: You can consult in-person or virtually with your CIRSA underwriter, who actually knows you and your entity, to
get answers and resolve issues. We'll guide you in much more than the details of a policy. Our staff also will review contracts,
help you get surety bonds and supplemental policies, and compare products from other carriers to make sure you are
adequately protected.
"Wi (.•|!"Wl^ :'y^!'i~1^^'..l
Commercial insurance companies focus on claims after they happen. But at CIRSA, we work with you to prevent claims
from happening. You can call us anytime to discuss how to protect yourself and handle issues before they escalate. And
we're there for you when there is an issue. Should a claim or lawsuit be filed, we'll manage the process with you and
assign an experienced attorney to represent you in litigation. CIRSA is not driven by profit. We are driven by successful
outcomes for our members.
CIRSA.org Cherry Creek North Drive | Denver, CO 80209
CIRSA Training: Email Suggestions for Elected
& Appointed Officials
By Sam Light, CIRSA General Counsel
The use of email by elected or appointed officials to discuss public business raises issues under both
the Colorado Open Meetings Law ("OML"), C.R.S. § 24-6-401 et seq., and the Colorado Open Records Law
("CORA"), C.R.S. § 24-72-201 et seq. The OML recognizes that discussions by email can trigger notice and
openness requirements. Specifically, the OML provides that any meeting of a quorum, or three or more
members of a local public body (whichever is less), at which public business is discussed or at which
formal action may occur must be open to the public. Also, the meeting must be preceded by proper
notice if a quorum will be present, or any action will be taken. A meeting can include a discussion that
occurs by phone or email.
Additionally, CORA recognizes that public records can include emails of elected and appointed officials
where the communications involve City/Town business or public funds and are made, maintained or kept
by the City/Town as part of its operations. Under CORA, emails may be public records even if they do not
trigger open meetings rules. Based on these rules, the following are suggested email "dos and don'ts:"
Email-Okay to Do
• Have a one-on-one discussion with another council/board member.
• Respond to constituent emails consistent with "role discipline."
• Correspond directly with City/Town staff.
• Email other council/board members concerning scheduling and availability, or posing a question
for later discussion, or sharing "FYI" only information. But, such communications must not morph into a
discussion of the merits or substance of any public business.
• Copy other council/board members on an email, subject to the same limitation.
• Do use your City/Town-assigned email address and device, if applicable.
Email - Don'ts
• Do not use email (or similar technology) to discuss the merits or substance of any matter of public
business among a quorum or more than two members (whichever is less), whether simultaneous and/
or serial or not.
• Do not use email as a substitute for open public meeting discourse.
• Do not use email os a substitute for taking any official action.
• Do not "reply to all" on emails sent to more than two council/board members, excepting only emails
that clearly have no policy purpose (e.g., "FYI" emails).
• Do not send messages that discuss both personal matter and public business.
• Most importantly, do not use email to discuss pending quasi-judicial matters.
Safer Together P: 800-228-7136 www.cirsa.org
Attachment 4
CIRSA Training1 - Ethics Handout
Prepared by Sam Light, CIRSA General Counsel
Colorado State Code of Ethics fCOE): General Conflict of Interest Rules
1. GENERAL PROVISION: No local government official shall perform an official act which
directly and substantially grants an economic benefit to a business or other undertaking
in which the official has a substantial financial interest. (C.R.S. § 24-18-109)
2. RECUSAL: If a member has a such an interest in a matter proposed or pending before
the body, the member must:
• Disclose the Conflict
• Not Participate in the Discussion
• Not Attempt to Influence Others
• Leave the Room (not expressly required, but recommended)
3. INTEREST: A "financial interest" that triggers the obligation for disclosure and recusal
includes a "substantial interest" you hold which is (among others):
• An ownership or a credit or employment interest in a business
• Holding a position as director or officer of a business
• Holding an ownership interest in property
Even if you do not directly hold such a "financial interest," disdosure/recusal is required if
you are engaged as counsel consultant, representative, or agent for the benefitted business.
Gifts
1. AMENDMENT 41:
• Prohibits officials from accepting any gifts or considerations of more than $75
from any one person in any one year, subject to certain exceptions.
2. STATE STATUTE:
• Do not accept any gift of substantial value which (I) would tend to improperly
influence the faithful and impartial discharge of duties, or (II) is given to reward
official action. These are objective standards.
• "Official action" means basically any use of discretionary authority as an official.
Confidential Information: C.R.S. 24-18-104: Do not disclose or use confidential information
acquired in the course of your official duties to further substantially your personal financial
interests.
Resources:
• https://iec. Colorado.gov/sites/iec/fi I es/IEC_Ethics_H a ndbook_20l6.pdf
' Note: This outline is for general reference only and not legal advice. Specific legal questions should be
referred to the entity's own counsel and/or others as appropriate.
Attachment 5
CIRSA Handout - Basics of Quasi-Judicial Decision-Making
What does it mean to be acting in a quasi-judidal capacity?
• Acting like a judge
• Deciding the rights, duties or obligations of a specific person or entity
• Making a decision based on facts developed at a hearing
• Applying existing standards or criteria to the facts
Are we always in a quasi-judicial capacity?
® No, some actions are legislative, and others are administrative
® Legislative actions are more general and permanent, typically involve policy-
making, usually don't relate to a single person or entity, and affect their rights
only in the abstract
® Administrative actions carry out existing policies and purposes, are generally
temporary in operation or effect, and typically don't involve the need for
notice or a hearing
So, what are some examples?
QuasJ-Judicial
Think: Judge
Zoning/rezoning
Development application
Subdivision request
Liquor licensing
Variance request
Conditional or special review use
Legislative
Legislator
Health/safety ordinance
Master plan approval
Adoption of tax
Annexation
Vacating a road
Amending development regulations
Administrative
Executive
Buying equipment
Appointing boards
Acting on contracts
Operating policies
License agreements
Determining benefits
Why are there special constraints on how we handle quasi-judicial matters?
Because the due process clause and other laws require we ensure
fundamental fairness in the decision-making process, which mandates the
applicant and other interested parties have notice and a meaningful
opportunity to be heard before a neutral and impartial decisionmaker
Failure to adhere to these principles can increase the risk of personal
liability and the risk that your decision will be overturned
Attachment 6
So, what should I do/not do in relation to quasi-judicial matters?
• DO stick to your criteria - use the criteria list from your staff report or
another summary if needed
• DO avoid ex parte (outside the hearing) contacts; that is, do not discuss
quasi-judicial matters outside of the noticed hearing
• DO disclose unavoidable ex parte contacts
• DO avoid inappropriate confrontations or inquisitions
• DO take time (and ink) to decide - use a resolution and, particularly for
complex or contentious cases/ consider making a tentative decision and
directing staff to prepare a draft resolution or order with conclusions of
law and factual findings, for further consideration at your next meeting
® DO ask for staff advice on how the criteria operate
• DON'T make your decision based on irrelevant criteria
• DON'T become a witness in a proceeding where you are the "quasi-judge"
• DON'T participate if you weren't there for the whole hearing (or at least
listened to the tape of any portion you missed)
• DON'T participate if you have a conflict of interest.-.and know that even
an appearance of impropriety can be as damaging as an actual conflict
• DON'T sign any "pro" or "con" petitions
® DON'T make up your mind before the hearing (bias)
• DON'T ignore the record; if all the evidence points to yes...
Another way to look at quasi-judicial decision making is to remember that you are
acting like a judge, and ask yourself:
• Would a judge seek out citizens and invite or ask them to come and testify
as witnesses in a case pending before the judge?
® Would a judge allow himself/herself to be "lobbied" on a pending matter
at home or at the local supermarket?
® Would a judge compromise the appearance (and possibly reality) of
fairness by singling out one side or another to be overly friendly with?
® Would a judge decide a matter in which the judge had a financial interest,
or on which the judge's mind was already made up?
• Would a judge make a public statement that could come back to haunt
him/her later on in terms of displaying a possible bias?
*This handout is for general reference only and not legal advice. Specific legal and other
questions should be referred to the entity's own legal counsel and staff as appropriate.
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: May 26, 2026
Subject: Development Code Neighborhood Meeting Requirement
Purpose of Study Session Item:
Provide the Town Board with an overview of the neighborhood and community meeting
process as established in the Estes Park Development Code.
Town Board Direction Requested:
Town Board direction is sought whether staff should make any changes to the existing
neighborhood and community meeting process.
Present Situation:
For development applications that require a public hearing before the Town Board, the
Development Code, Section 3.2.B (Step 2: Neighborhood and Community Meeting),
requires that a neighborhood and community meeting be held. A description and
overview of the current process is as follows:
●Purpose is to provide an opportunity for informal communication between a
proposed applicant for development application (applicant), surrounding property
owners, and the general public.
●Meetings are required to be held prior to the submittal of any applicable
development application.
●Meetings must be held in a location that is generally accessible to surrounding
property owners and residents.
●Meetings must be held after 5 PM on weekdays or any time on a weekend.
●The applicant is responsible for sending out notice of the meeting. Notice
includes a legal advertisement in a local newspaper, a mailing to surrounding
property owners within 500 feet of the subject property, and with a sign posted on
the subject property. Notice must occur at least 15 days prior to the meeting.
Staff confirms that notice requirements have been met.
●The meeting is moderated by the applicant.
●Staff attendance is optional, but if attending, they do not serve as facilitators nor
become involved in any negotiations.
●The applicant is responsible for providing staff with a written summary of the
meeting, including a list of who attended the meeting, the issues discussed, and
comments by those in attendance. The summary must be included with the
submittal of the formal development application.
●Meeting attendees may submit additional summary items to the staff.
●Staff provides a neighborhood meeting overview in the Planning Commission
and Town Board staff reports.
Proposal:
The Town Board has expressed interest in reviewing the current process for conducting
neighborhood meetings required for development applications. As such, staff is seeking
direction on any potential revisions the Town Board may want to see implemented.
To help provide context, staff conducted a small survey of nearby jurisdictions and their
neighborhood meeting processes. From that survey, it was found that the Town has a
very similar neighborhood meeting process compared to Larimer County, Ft. Collins,
Longmont, and Loveland. However, some differences include:
●Larimer County – The Director may waive the requirement to hold a
neighborhood meeting based on prior neighborhood feedback. Staff also attends
the meeting but does not facilitate the meeting nor provide project specific
information.
●Ft. Collins – Staff is responsible for scheduling, coordinating, and attending the
neighborhood meeting, and for completing the written meeting summary. The
Director also has the discretion to waive the neighborhood meeting requirement if
it is determined that the proposed development would not have a significant
neighborhood impact.
● Longmont – The Director may waive the requirement to hold a neighborhood
meeting or may require additional meetings, depending on the context of the
proposed development. The applicant is also required to specifically state in their
written meeting summary how they intend to address, or not address, comments
and questions raised at the meeting.
● Loveland - Staff is responsible for sending out the meeting notice and attending
the neighborhood meeting. The applicant is also required to specifically state in
their written meeting summary how they intend to address, or not address,
comments and questions raised at the meeting.
Advantages:
● Potential to increase neighborhood and community involvement in the
development process
Disadvantages:
● Potential to add uncertainty, cost, and/or processing time to potential
development projects
● Potential to introduce false or misleading expectations on how new development
is processed, evaluated, and decided
Finance/Resource Impact:
None at this time.
Level of Public Interest:
Public Interest is expected to be low to moderate.
Attachments:
None
Development Code
Neighborhood Meeting
Requirement
Town Board Study Session
May 26, 2026
Attachment 1
Purpose & Direction Requested
•Provide Town Board with overview of neighborhood meeting
process
•Seek Board direction on whether to make changes to
neighborhood meeting requirement and process
2
Present Situation
•Neighborhood meeting requirement established in Development Code
•Informal communication between applicant and neighbors
•Occurs prior to formal application submittal
•Generally accessible location, after 5 PM weekdays, any time weekend
•Applicant responsible for meeting coordination and public notice
•Applicant is meeting moderator, staff attendance is optional
•Applicant responsible for meeting summary
3
Proposal
•No change
•Allow Director to waive / require additional neighborhood meetings?
•What role should staff have?
•Who should set up meeting, send out notice?
•Who should moderate the meeting?
•Written summary – whose responsibility, what should it include?
•Other recommendations?
4
Advantages & Disadvantages
Advantages:
•Potential to increase neighborhood and community involvement in the
development process
Disadvantages:
•Potential to add uncertainty, cost, and/or processing time to potential
development projects
•Potential to introduce false or misleading expectations on how new
development is processed, evaluated, and decided
5
Direction Requested
6
•Should staff amend the neighborhood meeting requirements in
the Development Code?
•If so, what should those amendments look like?
•Should staff include such amendments in the overall code
update or should they be a stand-alone amendment?
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: May 26, 2026
Subject: Rezoning Criteria
Purpose of Study Session Item:
Town Board will review and discuss draft rezoning criteria and other relevant changes to
Estes Park Development Code Section 3.3 (Code Amendments).
Town Board Direction Requested:
Provide staff with direction on proposed changes to Development Code Section 3.3
(Code Amendments).
Present Situation:
The Town Board and Planning Commission conducted a joint study session on August
7, 2025, to discuss the review criteria for rezonings. (Please see the packet and minutes
for additional information.) At the study session, there was agreement from the Board
and Commission to clarify the review criteria, especially regarding the meaning and
applicability of a “change in conditions”. Subsequently, staff was directed to draft an
amendment for future consideration.
Proposal:
Staff has drafted revised rezoning criteria, along with other relevant changes to Section
3.3 (Code Amendments) as presented below and in the attachments. The draft
proposes two new review criteria along with the carryover of one existing criterion,
slightly modified, as described below:
Current Review Criteria 1
The amendment is necessary to address changes in conditions in the areas affected;
Proposed Review Criteria 1
The amendment is consistent with the Future Land Use Plan of the Estes Forward
Comprehensive Plan (December 2022). If the amendment is not consistent with the
Future Land Use Plan, then either:
a. The amendment is necessary to address a change in conditions or
circumstances since the establishment of this Code in the close vicinity of the
amendment area, which area’s extent is subject to the interpretation of the Board
of Trustees in its reasonable discretion; or
b. The amendment will correct a technical error in the text or Official Zoning Map of
this Code.
Staff Commentary: The intent of the change is to place more importance on a proposed
rezonings consistency with the Future Land Use (FLU) Plan (attached) rather than a
change in conditions. It also furthers and clarifies the Comprehensive Plan compatibility
and consistency provisions established in Current Review Criteria 2 (below). A change
in conditions is still relevant as a review criterion, but only if the proposed rezoning is
found to be inconsistent with the FLU Plan. Similarly with a correction of a technical
error, these criteria should only be considered when the rezoning is found to be
inconsistent with the FLU Plan. As such, a rezoning could be found to be inconsistent
with the FLU Plan, but could still warrant approval if the rezoning responded to a
change in conditions or if it corrected a previous error in the Official Zoning Map.
Current Review Criteria 2
The development plan, which the proposed amendment to this Code would allow, is
compatible and consistent with the policies and intent of the Comprehensive Plan and
with existing growth and development patterns in the Estes Valley; and
Proposed Review Criteria 2
The amendment will not adversely impact surrounding properties and the community, or
such potential adverse impacts, including but not limited to impacts related to
environmental conditions, building design and placement, wildlife, access, traffic,
emergency services, utilities, parking, noise, glare, odor, or other similar factors, have
been or shall be adequately addressed and mitigated, to the maximum extent feasible,
through compliance with this Code, enforceable agreements, and/or conditions of
approval. As necessary, conditions of approval may include, but are not limited to, the
following:
a. Reduction in the number and type of permitted uses;
b. Reduction or other regulations on permitted density or intensity of
development;
c. Reduction or other regulations on building or structure massing, height,
and/or design;
d. Provision of additional open space;
e. Increased buffers and/or building setbacks; and
f. Consistency with concept plans, architectural plans, landscape plans, and
other site plans submitted as part of the amendment application.
Staff Commentary: The current review criteria establishes that new development
associated with a rezoning should be consistent with the Comprehensive Plan and
compatible with the surrounding area and community. As noted above, the portion
regarding consistency with the Comprehensive Plan was relocated to Proposed Review
Criteria 1. This allows Proposed Review Criteria 2 to expand upon and specifically focus
on the issues of compatibility and mitigation of adverse impacts.
Current Review Criteria 3
The Town, County or other relevant service providers shall have the ability to provide
adequate services and facilities that might be required if the application were approved.
Proposed Review Criteria 3
The Town and other relevant service providers shall have the ability to provide
adequate services and facilities that would be required if the amendment were
approved.
Staff Commentary: Only minor modifications are proposed. Overall intent remains.
Townwide and Large-Scale Updates
This revision establishes procedures for townwide and large-scale changes to the text
of the Development Code or the Official Zoning Map. As noted in the attachments, such
changes will be made under the Board’s legislative versus quasi-judicial powers. While
this revision was not a directive from either the Board or Commission, it adds procedural
clarity to this section, and so is offered for Board consideration.
If directed to proceed with the above-mentioned changes, and any other amendments
directed by the Board, staff will include such changes in the overall Development Code
update.
Advantages:
• Clarity for staff, stakeholders, and decision makers
• Staff and Design Workshop have anticipated and planned for potential changes
to Development Code Section 3.3 (Code Amendments), so such changes will not
adversely affect the update process or schedule
Disadvantages:
• No disadvantages identified
Finance/Resource Impact:
None at this time
Level of Public Interest:
Public interest is anticipated to be moderate to high.
Attachments:
1. Draft Development Code Section 3.3 (Code Amendments) – Clean Version
2. Draft Development Code Section 3.3 (Code Amendments) – Markup Version
3. Estes Forward Comprehensive Plan (December 2022) – Future Land Use Plan
Created: 2025-07-08 15:01:51 [EST]
(Supp. No. 23, Update 3)
Page 1 of 2
§ 3.3 Code Amendments
A.Initiation. Applications to amend the text of this Code or to amend the Official Zoning Map (rezoning) may
be initiated by the following:
1.By the Community Development Director;
2.By motion of the Estes Park Planning Commission;
3.By request of the Board of Trustees; or
4.By application for a rezoning by the owner(s) of the property for which the rezoning is requested.
B.Private-Party-Initiated Applications for Rezonings. All applications for rezoning initiated pursuant to
§3.3.A.4 above shall comply with the following requirements:
1.Development Plan Required. All applications seeking to amend this Code to allow a change from one
zoning district to a different zoning district shall be accompanied by a development plan. This
requirement may be waived by the Community Development Director, or designee, upon finding the
projected size, complexity, anticipated impacts or other factors associated with the proposed
development or subdivision clearly justify such waiver.
2.Contents of Development Plan. See Chapter 2 of this Code for submittal requirements.
C.Procedures for Approval. All applications for text amendment or rezoning shall follow the standard
development approval process set forth in Chapter 2 of this Code.
D.Standards for Review. All applications for text amendment or rezoning, or alteration of conditions of
approval of zoning, shall be reviewed by the Planning Commission and Board of Trustees for compliance with
the relevant standards and criteria set forth below and with other applicable provisions of this Code.
1.The amendment is consistent with the Future Land Use Plan of the Estes Forward Comprehensive Plan
(December 2022). If the amendment is not consistent with the Future Land Use Plan, then either:
a.The amendment is necessary to address a change in conditions or circumstances since the
establishment of this Code in the close vicinity of the amendment area, which area’s extent is
subject to the interpretation of the Board of Trustees in its reasonable discretion; or
b.The amendment will correct a technical error in the text or Official Zoning Map of this Code.
2.The amendment will not adversely impact surrounding properties and the community, or such
potential adverse impacts, including but not limited to impacts related to environmental conditions,
building design and placement, wildlife, access, traffic, emergency services, utilities, parking, noise,
glare, odor, or other similar factors, have been or shall be adequately addressed and mitigated, to the
maximum extent feasible, through compliance with this Code, enforceable agreements, and/or
conditions of approval. As necessary, conditions of approval may include, but are not limited to, the
following:
a.Reduction in the number and type of permitted uses;
b.Reduction or other regulations on permitted density or intensity of development;
c. Reduction or other regulations on building or structure massing, height, and/or design;
d.Provision of additional open space;
e.Increased buffers and/or building setbacks; and
f.Consistency with concept plans, architectural plans, landscape plans, and other site plans
submitted as part of the amendment application.
Attachment 1
Created: 2025-07-08 15:01:51 [EST]
(Supp. No. 23, Update 3)
Page 2 of 2
3. The Town and other relevant service providers shall have the ability to provide adequate services and
facilities that would be required if the amendment were approved.
E. Townwide and Large-Scale Updates. Changes to the text of this code or the Official Zoning Map updating the
regulations or zoning designations for an area of the Town encompassing more than 640 acres of land, or
involving more than 100 properties owned by unique owners, establish Town-wide policy regarding future
urban growth. Generally applicable textual changes, or changes applicable to one or more zoning districts,
fall within this category. Because of the large number of properties involved in such updates, and because of
the generally applicable nature of these amendments, it is necessary to act under the Board of Trustees’
legislative powers and procedures and it would be impossible, in light of the Town’s other duties, to alter the
development code's maps and text through a series of individualized quasi-judicial proceedings. These
amendments may include changes to text and maps to classify and allocate land uses and distribution based
on need and actual utilization, to protect the tax base and foster economic opportunities, to improve
transportation and lessen congestion, to secure safety, and to protect the environment. The Board of
Trustees acts in a legislative capacity when it considers ordinances for such updates. The Board of Trustees
will consider the substance of subsection D, above, when considering such updates. However, legislative
actions are discretionary, and bound only by applicable statutes. The Town shall never be compelled to
undertake a legislative action, unless otherwise required by state or federal law, even if all review criteria
have been satisfied. The requirements of section 31-23-304, C.R.S., shall apply, but the procedural
requirements of this code, including Chapter 2, shall not. Instead, Staff may conduct outreach to the
community as directed by the Board of Trustees in its discretion.
F. Applications for Building Permits During Consideration of Application for Amendment to this Code.
1. Whenever an ordinance or resolution has been introduced before the Board that involves a change in
zoning from a less restricted district to a more restricted district, or to set forth prohibited uses in any
existing zone district, no building permit shall be issued for a period not to exceed 120 days from the
date of the introduction of such zoning amendment when such building permit would authorize the
construction of a building or the establishment of a use that would become nonconforming under the
contemplated zoning amendment.
2. If such ordinance is not adopted within 120 days, the Town is authorized to accept applications and
issue building permits regardless of the pendency of such amendment.
Created: 2025-07-08 15:01:51 [EST]
(Supp. No. 23, Update 3)
Page 1 of 3
§ 3.3 Code Amendments
A.Initiation. Applications for to amend the text of this Code or to amend the Official Zoning Map (rezoning)
amendments may be initiated by the following:
1.By the Community Development Director;
2.By motion of the Estes Valley Park Planning Commission;
23.By request of either the Board of Trustees; or
34.By application for a rezoning by the owner(s) of the property for which the rezoningamendment is
requested.
B.Private-Party-Initiated Applications for Code Amendments (Rezonings). All applications for text or Official
Zoning Map amendmentsrezoning initiated pursuant to §3.3.A.3 4 above shall comply with the following
requirements:
1.Development Plan Required. All applications seeking to amend this Code to allow a change from one
(1)zone zoning district to a different zone zoning district or seeking to amend this Code by changing
the permitted uses in any zone district shall be accompanied by a development plan. This requirement
may be waived by Staff the Community Development Director, or designee, if it findsupon finding that
the projected size, complexity, anticipated impacts or other factors associated with the proposed
development or subdivision clearly justify such waiver.
2.Contents of Development Plan. See Appendix BChapter 2 of to this Code for submittal requirements.
3.Within one (1) year from the effective date of this Code, any property owner may apply for rezoning on
the basis that an error in the original zoning was made. Staff may waive the development plan
requirements based upon the nature of the proposed request. Applicant must submit a statement of
request setting forth information, data and reasons why the error exists.
C.Procedures for Approval. All applications for text amendment or Official Zoning Map amendmentsrezoning
shall follow the standard development approval process set forth in §3.2 of this Chapter 2 of this Code.
D.Standards for Review. All applications for text amendment or Official Zoning Map amendmentsrezoning, or
alteration of conditions of approval of zoning, shall be reviewed by the EVPC and Board(s)Planning
Commission and Board of Trustees for compliance with the relevant standards and criteria set forth below
and with other applicable provisions of this Code.
1.The amendment is necessary to address changes in conditions in the areas affectedconsistent with and
furthers the goals, policies, and Future Land Use Plan of the Estes Forward Comprehensive Plan and
other policies and plans adopted by the Town. Alternatively, Iif the amendment is not consistent with
the Comprehensive Plan, then the amendment must show either;:
a.ItThe amendment is necessary to address a change in conditions or circumstances since the
establishment of this Code in the immediate close vicinity of the amendment area, which area’s
extent is subject to the interpretation of the Board of Trustees in its reasonable discretion; or
b.ItThe amendment will correct a technical error in the text or Official Zoning Map of this Code.
2.The amendment will not significantly adversely impact surrounding properties and the community, or
such The development plan, which the proposed amendment to this Code would allow, is compatible
and consistent with the policies and intent of the Comprehensive Plan and with existing growth and
development patterns in the Estes Ppotential adverse impacts to surrounding properties and the
community, including but not limited to impacts related to environmental conditions, building design
Attachment 2
Created: 2025-07-08 15:01:51 [EST]
(Supp. No. 23, Update 3)
Page 2 of 3
and placement, wildlife, access, traffic, emergency services, utilities, parking, noise, glare, odor, or
other similar factors, have been or shall be adequately addressed and mitigated, to the maximum
extent practicable, through compliance with this Code, enforceable agreements, and/or conditions of
approval. As necessary, Sconditions of approvaluch mitigation measures may include, but are not
limited to, the following:Valley
a. Reduction in the number and type of permitted uses;
b. Reduction or other regulations on permitted density or intensity of development;
c. Reduction or other regulations on building or structure massing, height, and/or design;
d. Provision of additional open space;
e. Increased buffers and/or building setbacks; and
a.f. Consistency with concept plans, architectural plans, landscape plans, and other site plans submitted
as part of the amendment application.; and
3. The Town , County, and/or other relevant service providers shall have the ability to provide adequate
services and facilities that might would be required if the application amendment were approved.
E. Townwide and Large-Scale Effect of Approvals and Lapse. When a development plan is required by this
Section, if an Applicant fails to either apply for a building permit or commence operation with regard to the
rezoning approval consistent with such development plan within three (3) years from the effective date of
the amendment, such development plan shall automatically lapse and become null and void. In the event a
development plan has lapsed, the Board, at its discretion, may institute rezoning proceedings pursuant to
the procedures and standards set forth in this Section to rezone the affected land areas. Updates. Changes
to the text of this code or the Official Zoning Map updating the regulations or zoning designations for an area
of the Town encompassing more than 640 acres of land, or involving more than 100 properties owned by
unique owners, establish Town-wide policy regarding future urban growth. Generally applicable textual
changes, or changes applicable to one or more zoning districts, fall within this category. Because of the large
number of properties involved in such updates, and because of the generally applicable nature of these
amendments, it is necessary to act under the Board of Trustees’ legislative powers and procedures and it
would be impossible, in light of the Town’s other duties, to alter the development code's maps and text
through a series of individualized quasi-judicial proceedings. These amendments may include changes to text
and maps to classify and allocate land uses and distribution based on need and actual utilization, to protect
the tax base and foster economic opportunities, to improve transportation and lessen congestion, to secure
safety, and to protect the environment. The Board of Trustees acts in a legislative capacity when it considers
ordinances for such updates. The Board of Trustees will consider the substance of subsection D, above, when
considering such updates. However, legislative actions are discretionary, and bound only by applicable
statutes. The Town shall never be compelled to undertake a legislative action, unless otherwise required by
state or federal law, even if all review criteria have been satisfied. The requirements of section 31-23-304,
C.R.S., shall apply, but the procedural requirements of this code, including chapter 3, shall not. Instead, Staff
may conduct outreach to the community as directed by the Board of Trustees in its discretion.
(Ord. 07-14 §1)
F. Applications for Building Permits During Consideration of Application for Amendment to this Code.
1. Whenever an ordinance or resolution has been introduced before the Boards that involves a change in
zoning from a less restricted district to a more restricted district, or to set forth prohibited uses in any
existing zone district, no building permit shall be issued for a period not to exceed one hundred twenty
(120) days from the date of the introduction of such zoning amendment when such building permit
would authorize the construction of a building or the establishment of a use that would become
nonconforming under the contemplated zoning amendment.
Created: 2025-07-08 15:01:51 [EST]
(Supp. No. 23, Update 3)
Page 3 of 3
2. If such ordinance or resolution is not adopted within one hundred twenty (120) days, the appropriate
public entityTown is authorized to accept applications and issue building permits regardless of the
pendency of such amendment.
(Ord. 07-14 §1, 2/25/14)
3
CHAPTER THREE
FUTURE
LAND USE
»Introduction
»Future Land Use Categories
»Future Land Use Map
»Opportunity Areas
»Annexation and Future Town
Service Areas
Attachment 3
THIS FUTURE LAND USE PLAN IS A
CORNERSTONE OF ESTES FORWARD,
PROVIDING GUIDANCE TO THE
TOWN AND COUNTY’S ELECTED
AND APPOINTED LEADERS AS
THEY MAKE LAND USE AND
DEVELOPMENT DECISIONS.
61ESTES FORWARD | COMPREHENSIVE PLAN
FUTURE LAND USE
INTRODUCTION
The Future Land Use Plan conveys the patterns and
priorities of conservation, development, economic
vitality, neighborhood character, and the preservation
of natural, agricultural, and rural landscapes. It serves
as a starting point for conversations about regional
initiatives and development proposals by illustrating
the interrelationship between seemingly separate and
uncoordinated land use activities. The framework also
enhances predictability for residents and developers
about the desired character of each area. It is a guide
for decision-makers as they consider how proposed
development can help or harm our desired future, and
where and how the community will grow or not grow.
Most of the forecasted growth in the next two decades is
expected to be accommodated within the Estes Park town
limits. Accordingly, the Future Land Use Plan prioritizes
LQͤOO GHYHORSPHQW DQG UHGHYHORSPHQW SULPDULO\ ZLWKLQ
Estes Park town limits while simultaneously positioning
the unincorporated Valley to support new attainable
housing and mixed-use near existing commercial
centers and key transportation corridors.
The Future Land Use categories, map, and related
land use policies are intended to protect the Valley’s
distinctive character and prevent development sprawl
that requires extensive infrastructure investments,
long-term maintenance, and impacts the area’s natural
character. The map categorizes areas outside of Estes
Park town limits to guide appropriate development
patterns, respect private property rights, and preserve
the open and rural character that County residents value.
RELATIONSHIP BETWEEN FUTURE LAND
USE AND ZONING
The Future Land Use Categories are not zoning districts.
They convey aspirational land use policy, in contrast
with zoning which is legally enforceable. Zoning refers
to land use entitlements and requirements that regulate
appropriate use, form, density, and other characteristics
DSSURSULDWHIRUDVSHFLͤFVLWHAdoption of this Plan and
the Future Land Use Plan does not alter, circumvent,
or supersede established zoning or overlay districts
without following the legislative process for amending
the zoning map or Town and County development codes.
FUTURE LAND USE CATEGORIES
The proposed Future Land Use Categories unify the
Town and County’s framework for the built and natural
character, and work to prevent development sprawl that
requires extensive infrastructure investments and long-
term maintenance.
The proposed Future Land Uses reorganize and
consolidate the Town’s previous range of land
FODVVLͤFDWLRQ WKDW UHODWHV GHQVLW\ DQG LQWHQVLW\ RI
development potential to ecological conditions
and market demand. This approach coordinates
GHYHORSPHQWDQGFRQVHUYDWLRQWRSURYLGHIRUͤVFDOO\DQG
environmentally responsible growth.
The ten (10) Future Land Use Categories represent
development patterns that share similar attributes of
environmental and built character within the Town of
Estes Park and Larimer County’s Estes Valley Planning
Area. Shared attributes within each area include the
size and type of buildings and their relationship to the
street, the street type and block pattern, supported
transportation modes, the intensity of land use, and
density of development. The Future Land Uses provide
a guide for land use policies and decisions that direct
growth according to character and intensity of use.
62 CHAPTER 3: FUTURE LAND USE
DENSITY vs. INTENSITY:
Understanding the Difference
Land use refers to the set of
activities that occur on any given
property. Land use intensity
refers to the degree to which
those activities occur or the
extent to which a property is
used for activities. For example,
a commercial use is more intense
than a residential use. Density
further describes the intensity of
residential uses and is typically
expressed as the number of
dwelling units located on a single
acre of land.
63ESTES FORWARD | COMPREHENSIVE PLAN
1. Natural Resource
Conservation & Parks
2. Mountains & Foothills
3. Low-density
Accommodations
4. Suburban Estate
5. Neighborhood Village
6. Mixed Residential
Neighborhood
7. Public/Semi-Public
8. Downtown
9. Mixed-Use Centers &
Corridors
10.Industrial Mix
NATURAL RESOURCE CONSERVATION & PARKS
The Natural Resource Conservation and Parks category
is composed of Rocky Mountain National Park, Arapahoe
and Roosevelt National Forest, Bureau of Reclamation,
and wildlife habitat, open space, parks and trail corridors
managed by Larimer County and the Town of Estes Park.
The lands within this category provide a mix of recreation
opportunities including self-directed outdoor recreation,
developed parks, playgrounds, and environmental
educational opportunities while protecting natural
heritage and open space. Nearly 10,000 acres have
been voluntarily conserved by private land owners via
conservation easements and the Estes Valley Land Trust
with no public access.
Appropriate Land Uses and Development
Types
»Federal natural resource lands
»Public water-access facilities
»Primitive campsites and rustic campgrounds
»Natural resource based self-directed recreation
»Forestry, grazing, agriculture
»Wildlife corridors
»Private lands under conservation easements (no
public access)
»Public recreation centers
»3DUNVDQGUHFUHDWLRQVSRUWVͤHOGV
»Multi-use paths & trails
Built Form
New buildings and structures, if any, should support public
utilities, research operations, public land maintenance,
park use, recreation, and low-impact agriculture. These
may include structures such as restrooms, trailhead
facilities, picnic shelters, seating areas, play equipment,
concessions, or equipment storage. All structures should
be designed for compatibility with the surrounding
aesthetic and for preservation of surrounding open
space and viewsheds.
»Building Height: 1 - 2 stories
»Block Length: N/A
»Primary Road Setback: N/A
»Transportation System: Streets and parking lots
provide vehicle access to trailheads and parks;
off-street trail network for pedestrian, bicycle, and
equestrian use; sidewalks, and on-street bicycle
facilities for Town parks.
Previous (1996) Future Land Use Categories
»Natural Resource (Larimer County)
»Parks, Recreation, & Open Space
FUTURE LAND USE CATEGORIES
64 CHAPTER 3: FUTURE LAND USE
MOUNTAINS & FOOTHILLS
The Mountains & Foothills category is composed
of private forestry, agricultural, and ranching lands,
ecotourism, undeveloped natural landscapes including
steep slopes and watershed protection. This category
allows for limited development of very low-density single
family or residential conservation developments. Lands
in this category should not be targeted for expansion of
public or private water and sewer infrastructure. Some
areas located within this category could ultimately
transition to Natural Resource Conservation & Parks
through conservation easements or expansion of public
lands to further preservation of natural resources and
wildlife habitat.
Appropriate Land Uses and Development
Types
»Forestry, ranching, agricultural uses
»Eco and Agritourism
»Single-family conservation developments
»Hazard mitigation
»Watershed protection
Built Form
This category supports low-density development of
buildings and structures designed for preservation of
surrounding open space and viewsheds.
»Building Height: 1 - 2.5 stories
»Block Length: N/A
»Primary Road Setback: 100+ ft.
»Transportation System: Automobiles are primary
transportation mode to provide access to homes
and destinations on rural, low-volume roads;
backcountry trail network for pedestrian, off-
road bicycle, and equestrian use; road shoulders
accommodate bicycles.
Previous (1996) Future Land Use Categories
»Mountains & Foothills (Larimer County)
»Rural Estate 10 Acre Min.
»Rural Estate 2.5 Acre Min.
65ESTES FORWARD | COMPREHENSIVE PLAN
LOW-DENSITY ACCOMMODATIONS
The Low-Density Accommodations category is intended
for uses such as rustic lodges, resorts, and cabins that
are developed in rural areas at a lower density and
intensity than urban hotel or motel-style lodging.
Appropriate Land Uses and Development
Types
»Rural lodges and resorts
Built Form
This category supports low-density or clustered
development on large lots that prioritizes preservation
of surrounding natural landscapes and viewsheds. Low-
density accommodations may be served by public water
and wastewater dependent upon location.
»Building Height: 1 - 2 stories
»Block Length: N/A
»Primary Road Setback: 30+ ft.
»Transportation System: Automobiles are primary
transportation mode on rural, low-volume streets;
wide shoulders accommodate bicycles and
pedestrians
Previous (1996) Future Land Use Categories
»Accommodations
66 CHAPTER 3: FUTURE LAND USE
SUBURBAN ESTATE
The Suburban Estate category is intended for low to
medium density single family residential development,
including conservation development that may be
supported by limited small-scale neighborhood
commercial located at crossroads or along arterial roads
within the Town. Any non-residential uses are appropriate
when they demonstrate the following:
»Supports a local, neighborhood need
»Is appropriately located for the access and
transportation requirements of the activity (e.g.,
a rustic camp may be acceptable on gravel road,
whereas a retail use should be located on a paved
road)
»Availability of adequate utilities and infrastructure
HJZDWHUVHZHUͤUHSURWHFWLRQ
»Scale and intensity of the use is in harmony with the
surrounding neighborhood based on factors such
as:
• Built character
• Proximity to residential areas
• Proximity to sensitive environmental features
or wildlife areas
• Proximity to unique or highly visible
viewsheds, landforms, or places of interest
Appropriate Land Uses and Development
Types
»Single family residential subdivisions with low to
medium density
»Single family homes with accessory dwelling units
»Single family clustered or conservation
developments (in the County)
»Limited neighborhood-serving commercial located
at primary intersections (in the Town or key
locations)
Built Form
The Suburban Estate Category typically consists of
medium-sized single-family homes on lots that are at
least a quarter-acre in size. Medium-density conservation
development with smaller lots requires public water and
wastewater. However much of the development in this
category is served by septic where public wastewater is
unavailable and larger lots can accommodate individual
systems. New homes should be appropriately scaled
for compatibility with existing neighborhood character.
Existing suburban neighborhoods served by public
utilities can accommodate moderate increases in density
through the addition of Accessory Dwelling Units.
»Building Height: 1 - 2.5 stories
»Block Length: N/A
»Primary Road Setback: 30+ ft.
»Transportation System: Automobiles are the
primary mode of transportation on low-volume
streets that are wide enough for pedestrians to
safely walk the shoulder. As much as possible,
dead-end streets and cul-de-sacs are discouraged
LQIDYRURIHͦFLHQWLQWHUFRQQHFWHGVWUHHWQHWZRUNV
Previous (1996) Future Land Use Categories
»Estate 1 Acre Min.
»Estate 0.5 Acre Min.
67ESTES FORWARD | COMPREHENSIVE PLAN
NEIGHBORHOOD VILLAGE
The Neighborhood Village category contains medium
to higher density single family residential organized in a
more compact development pattern that is characterized
by an interconnected street network, available water and
wastewater, increased walkability and connectivity to
other neighborhoods and commercial nodes. Limited
neighborhood-serving civic, cultural, and commercial
uses may be located near neighborhood entrances and
crossroads.
Appropriate Land Uses and Development
Types
»Medium to higher density single family
»Accessory dwelling units
»Duplexes and triplexes
»Limited neighborhood-serving civic, cultural, and
commercial uses
Built Form
%XLOGLQJVLQWKLVFODVVLͤFDWLRQDUHPRGHVWO\VL]HGDQG
residential in nature located on small to medium-sized
lots under half an acre that are served by public water and
ZDVWHZDWHU1HZLQͤOOVKRXOGEHDSSURSULDWHO\VFDOHGIRU
compatibility with the existing neighborhood character
with medium to shallow front setbacks and garages
located at the side or rear of the home. Established
neighborhoods can accommodate moderate increases
in density through the addition of Accessory Dwelling
Units.
»Building Height: 1 - 2.5 stories
»Block Length: 250 – 650 ft.
»Primary Road Setback: 10 – 30 ft.
»Transportation System: Low-speed residential
streets are interconnected and shared by
automobiles and bicycles; double-loaded sidewalks
facilitate safe pedestrian travel.
Previous (1996) Future Land Use Categories
»Residential 0.25 Acre Min.
»Two-family
»PUD Residential
»Accommodations Low-density
68 CHAPTER 3: FUTURE LAND USE
MIXED RESIDENTIAL NEIGHBORHOOD
The Mixed Residential Neighborhood category
accommodates high density mixed residential
development that facilitates the coexistence of
townhomes, condos, and multi-family complexes. It
is characterized by an interconnected street network,
available water and wastewater, and walkable
neighborhoods that connect to commercial nodes and
other neighborhoods. Mixed residential neighborhoods
may include limited neighborhood-serving civic, cultural,
and commercial uses.
Appropriate Land Uses and Development
Types
»Condominium developments
»Townhomes
»Multi-family complexes
»Limited neighborhood-serving civic, cultural,
commercial uses
Built Form
New structures and redevelopment in this category
consist of larger-scale residential buildings on a variety
of lot sizes served by public water and wastewater.
Density bonuses incentivize attainable workforce
housing. Shallow setbacks allow for maximized use of
the lot. Parking and garages should be located at the
side, rear, or below structures.
»Building Height: 3 - 4 stories
»Block Length: 250 ft.
»Primary Road Setback: 10 - 20ft.
»Transportation System: This category
accommodates all modes: automobile, bicycle,
pedestrians, and transit. Residential streets
in Mixed Residential Neighborhoods are
interconnected with double-loaded sidewalks and/
or shared-use paths for safe bicycling and walking.
Previous (1996) Future Land Use Categories
»Multi-family
69ESTES FORWARD | COMPREHENSIVE PLAN
PUBLIC/SEMI-PUBLIC
The Public/Semi-public category consists of institutional
and civic uses such as recreation centers, schools,
research facilities, utility, and public services operations.
Appropriate Land Uses and Development
Types
»Research facilities
»Civic uses
»Community/recreation centers
»Schools
»Public services operation
Built Form
Structures and buildings in this category consist of
1-3 story buildings on a variety of lot sizes. Public/
Semi-public uses are often located on or near major
transportation corridors and served by public water and
wastewater, depending on location. Street setbacks and
vegetative buffers increase as the intensity of the use
increases.
»Building Height: 1 - 3 stories
»Block Length: N/A
»Primary Road Setback: increase as intensity and
scale increase
»Transportation System: Automobiles are the
primary transportation mode; development should
strive for pedestrian and bicycle connectivity to
uses that are frequented by the public.
Previous (1996) Future Land Use Categories
»Public/Semi-public
70 CHAPTER 3: FUTURE LAND USE
DOWNTOWN
The Downtown category is characterized by a dense,
compact street grid, well-developed pedestrian network,
and readily available water or wastewater infrastructure.
This area is predominantly composed of traditional,
and often historic, vertical mixed-use buildings.
The Downtown is well provided for in terms of
XUEDQ VHUYLFHV PDNLQJ LW WKH PRVW HͦFLHQW DUHD IRU
redevelopment or development of underutilized land.
See the Estes Park Downtown for Details.
Appropriate Land Uses and Development
Types
»Traditional, dense vertical mixed-use with
UHVLGHQWLDORͦFHLQVWLWXWLRQDOFRPPHUFLDO
entertainment, and upper-story residential
»Civic uses such as community centers, libraries,
government administration facilities
»Cultural uses such as museums and performing
arts venues
Built Form
The Town Center is a complete community with
highly walkable, pedestrian-oriented streetscapes.
Development should prioritize the preservation and
rehabilitation of historic buildings and encourage
FRPSDWLEOH LQͤOO GHYHORSPHQW 1HZ DQG UHPRGHOHG
EXLOGLQJV VKRXOG UHͥHFW D FRPSDWLEOH VFDOH DQG
vernacular of existing buildings on small to medium-
sized lots. Building heights should be 1.5-3 stories and
should form a continuous street-wall along primary
streets. Parking is located on the street, at the rear of
buildings, and in off-site public lots or decks.
»Building Height: 1.5 - 3 stories
»Block Length: 250 ft.
»Primary Road Setback: 0 ft.
»Transportation System: This category
accommodates all modes: automobile, bicycle,
pedestrians, and transit.
Previous (1996) Future Land Use Categories
»Downtown Commercial
71ESTES FORWARD | COMPREHENSIVE PLAN
MIXED-USE CENTERS & CORRIDORS
The Mixed-use Centers and Corridors category contains
medium to higher-density vertical mixed residential
and commercial use developments located on or near
major thoroughfares. This category is characterized by
an interconnected road network, available water and
wastewater, and a walkable environment and a greater
emphasis on design of upper stories for compatibility.
Appropriate Land Uses and Development
Types
»Mixed-Use developments with upper-story
UHVLGHQWLDORͦFHLQVWLWXWLRQDOFRPPHUFLDO
entertainment
»Medium-high density accommodations such as
hotels, motels, short-term rental attached units
Built Form
New and redeveloped sites in Mixed-use Centers and
&RUULGRUV VKRXOG UHͥHFW D YDULHW\ RI EXLOGLQJ W\SHV RQ
large lots. Development in this category should strive to
increase business density, adding residential units where
appropriate, and expanding multi-modal connectivity.
Parking lots should be divided into more than one
area including the side and rear of buildings where
feasible. All structures should feature pedestrian-scale
entrances. Development should positively contribute
to the character of the town through pedestrian-scaled
DUFKLWHFWXUDOIHDWXUHVRQJURXQGͥRRUVDQGODQGVFDSLQJ
»Building Height: 1 - 5 stories
»Block Length: 250 – 650 ft.
»Primary Road Setback: 10 - 150 ft.
»Transportation System: This category
accommodates all modes: automobile, bicycle,
pedestrians, and transit. The pedestrian system
should connect to other mixed-use and commercial
nodes and neighborhoods. Sidewalks and/or
shared-use paths and bicycle infrastructure should
connect the multi-modal network along primary
transportation corridors. Pedestrian connectivity
internal to the site must connect parking areas to
the building and adjacent sites.
Previous (1996) Future Land Use Categories
»2ͦFH
»PUD Commercial
»Commercial Recreation
»Commercial
»Accommodations
72 CHAPTER 3: FUTURE LAND USE
INDUSTRIAL MIX
The Industrial Mix category is supported by major
transportation corridors, public water, and wastewater
infrastructure. This category provides for a range of
industrial manufacturing, warehouse, commercial, and
ODUJHVFDOHLQVWLWXWLRQDORURͦFHXVHV,WLQFOXGHVH[LVWLQJ
heavy industry within the Estes Valley but supports a
shift toward light and clean industrial and small-scale
manufacturing uses with fewer environmental impacts.
Appropriate Land Uses and Development
Types
»,QGXVWULDODQGͥH[RͦFHVSDFH
»Small scale or boutique manufacturing
»Warehouse uses, including those with direct-to-
consumer sales and retail hours
»/DUJHVFDOHLQVWLWXWLRQDODQGRͦFHIDFLOLWLHV
»Limited commercial uses
»Existing heavy industry
Built Form
1HZ DQG UHGHYHORSHG VLWHV VKRXOG UHͥHFW D YDULHW\ RI
building types, typically on very large lots. Buildings
should be appropriately screened or set back from lot
lines to minimize impacts to adjacent non-industrial
properties. Street setbacks and vegetative buffers
increase as the intensity of the use increases.
»Building Height: 1-3 stories
»Block Length: N/A
»Primary Road Setback: Increases as intensity and
scale increase
»Transportation System: This area accommodates
vehicles as the primary mode of transportation
but should strive for pedestrian and bicycle
connectivity to support alternatives to vehicle travel
and a healthy workplace.
Previous (1996) Future Land Use Categories
»Light Industrial
»Restricted Industrial
73ESTES FORWARD | COMPREHENSIVE PLAN
Lake Estes
Lily Lake
Marys Lake
FALL RIVER
FISH CREEK
BLACK CANYO
N
C
R
EEK
BIG THOMPSON RIVER
66
36
36
34
34
7
R oooo ccccc kkkkk yyyy MMMMM oooooo uuuuu nnnnnnn ttttttttt aaaaaaa iiii nnnnnnn
NNNNNNNN aaaa tttt iiiiiii oooooooooo nnnn aaaaaaa lllll PPPPPPP aaaaa rrrrr kkkkkkkk
FUTURE LAND USE MAP
74 CHAPTER 3: FUTURE LAND USE
FUTURE LAND USE MAP OVERVIEW
The Estes Forward Future Land Use Map applies the Future Land Use
Categories to the Estes Valley Planning Area and Town of Estes Park
jurisdictions to recommend appropriate locations for each category
of land use and development character. The composition of map is
informed by several factors:
»The previous future land use maps (Town - 1996, County - 2019)
»Current zoning map
»Historic development patterns
»Existing water service areas
»Environmental features and constraints
»Areas of anticipated development
»Growth and conservation preferences articulated by the
community
The Future Land Use Map provides the overarching structure for
orchestrating appropriate patterns of development and conservation
WKURXJKRXW WKH (VWHV 9DOOH\ ,Q GRLQJ VR WKH PDS LQͥXHQFHV DQG
informs zoning decisions to achieve desired future growth patterns.
:KLOH HYDOXDWLQJ VLWHVSHFLͤF GHYHORSPHQW UHTXHVWV VWXG\ WKH
Future Land Use Map to determine whether the request is consistent
with the community’s land use and development vision.
The Future Land Use Map is a guide to achieving the community’s
stated vision; however, it is not a mandate. To the extent possible,
it should be closely followed, but when circumstances dictate
otherwise, it is the intent of this plan to enable the Town and the
County to respond appropriately through their land development
decisions.
THE FUTURE LAND USE CATEGORIES AND MAP
ARE ASPIRATIONAL. THEY DO NOT ALTER,
CIRCUMVENT, OR SUPERSEDE ESTABLISHED
ZONING, RECORDED SUBDIVISIONS, OR
APPROVED DEVELOPMENT PLANS. THE ZONING
MAP AND DEVELOPMENT CODES ARE NOT
CHANGED AS A RESULT OF THE ADOPTION OF
THE COMPREHENSIVE PLAN OR FUTURE LAND
USE PLAN, CATEGORIES, OR MAP. FEDERAL
LANDS, INCLUDING NATIONAL PARKS, ARE NOT
SUBJECT TO THE FUTURE LAND USE MAP OR
TOWN AND COUNTY ZONING MAPS.
210
Miles
±
Future Land Use
Future Land Use categories do not alter, circumvent,
or supersede established zoning, recorded
subdivisions, or approved development plans. The
zoning map and development codes are not changed
as a result of the adoption of the Comprehensive Plan
or Future Land Use Map.
Date: 11/28/2022
Rivers and Creeks
Lakes
Local Roads
Major Roads
Estes Valley Planning Area
Town of Estes Park
Natural Resource
Conservation & Parks
Mountains & Foothills
Accommodations
Suburban Estate
Neighborhood Village
Mixed Residential Neighborhood
Public/Semi Public
Downtown
Mixed-Use Centers & Corridors
Industrial Mix
Future Land Use
RMNP Boundary
75ESTES FORWARD | COMPREHENSIVE PLAN
Lake Estes
Lily Lake
Marys Lake
FISH CREEK
FALL RIVER
BLACK CANY
O
N
C
R
EEK
BIG THOMPSON RIVER
66
36
36
34
34
7
Z:\
OPPORTUNITY AREAS
76 CHAPTER 3: FUTURE LAND USE
OPPORTUNITY AREAS
Future Study Areas
Certain areas of the Estes Valley are likely to experience more
change, investment, or growth over the next 20 years due to a variety
of factors including development pressure, market trends, and aging
infrastructure. The degree and type of change will differ in each
area based on the context of the built environment, environmental
constraints, market demands, local preferences, and needs such
as attainable housing. Because change happens differently in
different places, and what may be desired in one location may not be
DSSURSULDWHLQDQRWKHUORFDWLRQWKH)XWXUH/DQG8VH0DSLGHQWLͤHV
special Future Study Areas for more detailed planning following
this plan. Additional, cooperative planning between the Town and
the County will further identify suitable locations for growth and
FRQVHUYDWLRQWKDWLVFRQWH[WVSHFLͤFDQGSURSRUWLRQDWHWRWKHVFDOH
of development that is appropriate in a given location.
A proactive and strategic approach to the redevelopment or
conservation of Future Study Areas within the Estes Valley promotes
a higher rate of success in realizing opportunities that meet the
community’s preferences and needs rather than passively reacting
WRPDUNHWGULYHQGHYHORSPHQWSUHVVXUHDQGͥXFWXDWLQJUHDOHVWDWH
WUHQGV%\GHͤQLQJWKHLGHDOFRQVHUYDWLRQRUGHYHORSPHQWVFHQDULR
for these areas, the Estes Valley community and their elected
representatives can make intentional land use decisions that support
achievement of the Estes Forward Vision and Guiding Principles.
Gateway Corridors
In addition to Future Land Uses and Future Study Areas, the map
DOVR LGHQWLͤHV *DWHZD\ &RUULGRUV LQWR WKH (VWHV 9DOOH\ 7KHVH
LPSRUWDQW FRUULGRUV GHOLYHU WKH ͤUVW LPSUHVVLRQ XSRQ HQWHULQJ WKH
9DOOH\DQGWKHUHIRUHSURYLGHDVLJQLͤFDQWRSSRUWXQLW\WRFRQYH\D
sense of arrival and community identity through special attention to
viewshed protection, enhanced landscaping, signage, land use, and
the aesthetics of the built environment. Like the Future Study Areas,
Gateway Corridors are deserving of additional consideration and
cooperative planning between the Town and the County.
Other Conserved Lands
Arapaho and Roosevelt
National Forests
Rocky Mountain National
Park
Future Study Areas
O A
Lakes
Local Roads
Major Roads
Estes Valley Planning Area
Town of Estes Park
210
Miles
±
11/28/22
77ESTES FORWARD | COMPREHENSIVE PLAN
ANNEXATION AND FUTURE TOWN SERVICE AREAS
Comprehensive planning and growth management in
the Estes Valley imply coordination and cooperation
between the Town of Estes Park and Larimer County. A
key imperative of this plan is that the Town and County
FRQWLQXH WR FROODERUDWH RQ GHͤQLQJ D )XWXUH 7RZQ
Service Area and corresponding Annexation Policy. The
Town and the County are encouraged to work together
to identify areas of shared development impact in
anticipation of where the Town will grow (and not grow).
$ )XWXUH 7RZQ 6HUYLFH $UHD ZRXOG GHͤQH D ERXQGDU\
beyond existing Town limits to indicate an area(s) where
higher intensity and density is acceptable over the next
20 years and to plan for municipal service provision. The
area would not necessarily need to be served exclusively
by the municipality for all services, but the designated
area should be serviceable by an existing urban service
provider. A Future Town Service Area would establish a
coordinated partnership for managing long-range growth
WKDWUHͥHFWVWKHFRPPXQLW\̵VYDOXHVDQGPDUNHWUHDOLWLHV
to provide predictability and consistency.
The Future Town Service Area should be supported by
DQ $QQH[DWLRQ 3ROLF\ WKDW VSHFLͤHV FULWHULD IRU IXWXUH
development, infrastructure, and public services,
mutually agreed upon by the Town of Estes Park and
Larimer County. If the development criteria are met,
the Town would annex areas within the Future Service
Area and provide the full range of public services.
Concentrating redevelopment within and adjacent to the
H[LVWLQJ WRZQ ERXQGDULHV VXSSRUWV HͦFLHQW PXQLFLSDO
services, infrastructure maintenance, and conservation
of natural areas.
This approach is intended to strengthen the connection
between more urban land use and eventual annexation
by the Town by prioritizing growth areas and limiting
development in areas of critical natural habitat and
resources. It also continues an expectation that the Town,
not the County, will provide the full range of services
necessary to support a quality urban environment.
78 CHAPTER 3: FUTURE LAND USE
PAGE IS INTENTIONALLY LEFT BLANK.
79ESTES FORWARD | COMPREHENSIVE PLAN
Rezoning Criteria
Town Board Study Session
May 26, 2026
Attachment 4
Purpose & Direction Requested
•Review and discuss draft rezoning criteria
•Provide direction on proposed changes
2
Present Situation
•Rezoning criteria established in Development Code (Section 3.3 Code Amendments)
•Rezoning must show compliance with criteria
•Joint study session August 7, 2025
•Reviewed rezoning criteria – Estes Park & 10 other municipalities
•Change in conditions – meaning & application?
•Bring back draft criteria for further consideration
3
Proposal
•Consider draft criteria as presented:
o Future Land Use Plan consistency
o Compatibility with surrounding area & mitigation of adverse impacts
o Adequate public services
•Consider draft criteria as amended
•Other criteria or recommendations to consider
4
Proposal – Criteria 1
Current Review Criteria
The amendment is necessary to address changes in conditions in the areas affected;
Proposed Review Criteria
The amendment is consistent with the Future Land Use Plan of the Estes Forward
Comprehensive Plan (December 2022). If the amendment is not consistent with the
Future Land Use Plan, then either:
a.The amendment is necessary to address a change in conditions or circumstances
since the establishment of this Code, in the close vicinity of the amendment area,
which area’s extent is subject to the interpretation of the Board of Trustees in its
reasonable discretion; or
a.The amendment will correct a technical error in the text or Official Zoning Map of
this Code.
5
Proposal – Criteria 2
Current Review Criteria
The development plan, which the proposed amendment to this Code would allow, is compatible and
consistent with the policies and intent of the Comprehensive Plan and with existing growth and
development patterns in the Estes Valley; and
Proposed Review Criteria
The amendment will not adversely impact surrounding properties and the community, or such potential
adverse impacts, including but not limited to impacts related to environmental conditions, building design
and placement, wildlife, access, traffic, emergency services, utilities, parking, noise, glare, odor, or other
similar factors, have been or shall be adequately addressed and mitigated, to the maximum extent feasible,
through compliance with this Code, enforceable agreements, and/or conditions of approval. As necessary,
conditions of approval may include, but are not limited to, the following:
a. Reduction in the number and type of permitted uses;
b. Reduction or other regulations on permitted density or intensity of development;
c. Reduction or other regulations on building or structure massing, height, and/or design;
d. Provision of additional open space;
e. Increased buffers and/or building setbacks; and
f. Consistency with concept plans, architectural plans, landscape plans, and other site plans
submitted as part of the amendment application.
6
Proposal – Criteria 3
Current Review Criteria
The Town, County or other relevant service providers shall have the ability to provide adequate
services and facilities that might be required if the application were approved.
Proposed Review Criteria
The Town and other relevant service providers shall have the ability to provide adequate services
and facilities that would be required if the amendment were approved.
7
Advantages & Disadvantages
Advantages:
•Clarity for staff, stakeholders, and decision makers
•Staff and Design Workshop have anticipated and planned for potential
changes to Development Code Section 3.3 (Code Amendments), so
such changes will not adversely affect the update process or schedule
Disadvantages:
•None
8
Direction Requested
9
•Should staff amend the rezoning criteria in the Development
Code?
•If so, what should that amendment look like?
•Consider criteria as drafted?
•Other recommendations?
•Can staff include such amendment in the overall code update?
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
June 9, 2026
• Joint Study Session with Estes Park Housing Authority Board of Directors
June 23, 2026
• Water Rate Study
• Business Support Strategic Objective
• Downtown Plan Approach
July 14, 2026
• Police Department Facility Financing
• Administrative Regulations Enforcement Process
• Housing Definitions and Density Bonuses in the Development Code
July 28, 2026
• Development Code Update 50% Draft Review
August 11, 2026
• Policy 102 (Town Committees) Liaison Review
• Policy 102 (Town Committees) Focus Groups Draft
August 25, 2026
• Annexation of Enclaves Follow Up
Items Approved - Unscheduled
• Growth Management Areas Overview
• Structure of Potential Development Agreement with Whimsadoodle and the
Estes Park Housing Authority for Cleave Street Development
• Liquor License Process
• Winter Event Strategy Proposal
• Seasonal Housing Issues
Items for Town Board Consideration
• Parking License Plate Recognition Policy
Listening to the Message from Estes Park Voters
Thoughtful growth requires both strong community input and responsible leadership
By Bill Brown, Estes Park Town Trustee
The results of the 2024 election sent an important message about development and land use in Estes
Park. It wasn’t a simple message, but it was one that deserves careful attention from those of us serving
on the Town Board.
Voters approved Ballot Issue 300, which requires written consent from two-thirds of property owners
within 500 feet before land can be rezoned. At the same time, voters rejected Ballot Issue 301, which
would have eliminated height and density incentives intended to encourage workforce housing.
Taken together, those results tell us something very important. Residents want a stronger voice in
development decisions that affect their neighborhoods. At the same time, the community continues to
recognize and support the importance of workforce housing to the long-term health of Estes Park.
As a Town Trustee in a Colorado statutory town, my responsibility is to listen carefully to residents while
also carrying out the duties entrusted to the Town Board. Trustees must balance an individual’s property
rights with neighborhood concerns and the broader needs of the community while ensuring development
complies with our plans, codes, and safety requirements.
The passage of Ballot Issue 300 has been widely interpreted as a signal that some residents have not felt
heard during development decisions. While the new ordinance gives nearby property owners a stronger
role in rezoning decisions, it also highlights a larger issue: many residents want their voices heard earlier
in the development process when those voices are more likely to help shape the development.
As the Town works to update our Development Code—which has not been comprehensively revised
since 2000—we have an opportunity to improve how public input is incorporated into development
proposals.
Under the current process, developers hold one neighborhood meeting after a pre-application meeting
with town staff. By that point, developers will have already invested significant time and resources
working with architects, engineers, and planners to produce a detailed plan. Neighbors, meanwhile, are
often seeing the proposal for the first time.
A better approach would be to hold a neighborhood meeting earlier in the process, before the formal pre-
application meeting, where developers present conceptual plans and gather community feedback.
Because these concepts require minimal investment to prepare, developers would have greater flexibility
and willingness to adjust their ideas based on neighbor input.
Following that step, the developer should summarize the comments received and explain how the
proposal has been adjusted in the pre-application meeting with town staff. That summary should also be
made publicly available for citizen review. A second neighborhood meeting after the pre-application
meeting could then show how the project evolved based on both community input and technical
feedback from town staff.
This kind of process would allow residents to have meaningful input when it matters most—early in the
design stage, when changes are still possible.
Estes Park faces important decisions in the years ahead, including updating our Development Code and
addressing major infrastructure needs such as planning for a future water treatment facility to ensure
reliable service for residents.
These challenges require thoughtful leadership that listens carefully to residents while keeping the long-
term needs of the entire community in mind. That is the approach I have tried to bring to the Town Board,
and it is the approach I will continue if voters choose to return me for another term as Town Trustee.