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HomeMy WebLinkAboutPACKET Town Board Study Session 2026-06-23Informal discussion among Trustees and staff concerning agenda items or other Town matters may occur before this meeting at approximately 4:15 p.m. Dinner will be provided to the Board at 5:15 p.m. Town Board of Trustees Study Session Tuesday, June 23, 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. Individual and Group Town Board Photographs 5:30 p.m. Business Support Strategic Objective Presented by Deputy Town Administrator Damweber 5:50 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 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: Jason Damweber, Deputy Town Administrator Department: Town Administrator’s Office Date: June 23, 2026 Subject: Business Support Strategic Objective Purpose of Study Session Item: The purpose of this Study Session is to determine what additional strategies, if any, the Town Board would like to implement to achieve the 2026 Strategic Plan Objective to “Identify opportunities to support eclectic mix of business, including smaller ‘mom and pop’ shops.” Town Board Direction Requested: Determine whether existing business support strategies are sufficient or if there are additional strategies or programs that the Town Board would like to implement. Present Situation: Town staff is currently represented on the Boards of the Estes Park Chamber of Commerce (in an ex-officio capacity) and the Economic Development Workforce Council (EDWC), both of which exist to provide support and resources for local businesses of all types, including for "mom and pop" shops. Trustee Brown also serves on the EDWC Board. In 2026, the Town provided $65,000 in Base Funding to the EDWC to support its work, representing the largest single investment the entity received. Business support strategies currently employed by the Chamber and EDWC – with support from the Town – include facilitation of networking and relationship building, visibility and marketing, education and skill-building, and advocacy. The following is a non-exhaustive list of training and networking opportunities offered to local businesses in 2026 which illustrates current efforts: • HR/Compliance 101 Training for Employers in Estes Park • Interviewing and Recruiting for Seasonal Talent • Seasonal Cash Flow & Smart Financial Management for Small Businesses (followed by one-on-one consultations with a Small Business Development Center (SBDC) consultant • Business Accelerator Services of Estes (BASE) 2.0 (focused on helping Estes Park entrepreneurs build stronger, more sustainable businesses) • Hotel and Hospitality Industry Training and Education (through the American Hotel and Lodging Educational Institute) • Enterprise Zone education and opportunities • Performance Management 101 • Colorado Energy Code education • Marketing and Social Media (including small group social media workshops) • AI for Creating Standard Operating Procedures • Colorado Wildfire Code education • Destination Stewardship education • Elevator Pitches and Building Packages • Sundance Film Opportunities • Local Industries Grant Hire/Train/Retain (LIGHTR) Fund training and opportunities • Community Support Group for Exchange Visitors (collaboration between Visa Sponsors, Chamber/EDWC, and host employers; a program recognized by the Department of State) • ’Un’Book Club – an educational and networking opportunity (meets twice quarterly) • Wedding, Lodging, Food & Beverage Alliance (meets monthly) • Construction Alliance (meets quarterly) • Coffee Connections (networking opportunities provided at various locations on a monthly basis) • Business After Hours - meets once monthly • Support attendance at Ready, Set, Grow - Women’s Conference • Support attendance at Women of Impact Celebration • Participation/representation at annual “State of Estes Park” event The Chamber also helps promote/market events or specials put on by individual businesses and facilitates and/or sponsors various events throughout the year such as regular ribbon-cuttings, business/industry showcases, downtown sidewalk sales, and the like. Proposal: In addition to its financial support of the EDWC and direct involvement and participation by Town representatives in the Chamber and EDWC, there are other potential strategies the Town could implement to support business success. Some fairly common strategies that local governments employ are grant or microloan programs, façade improvement programs, and fee waivers for new businesses or business expansion/renovation: • A grant program would entail an application process where funding is given directly to a business if certain eligibility criteria are met. • A microloan program is a small-dollar lending program to help businesses that have difficulty getting bank loans. Repayments could go back into a revolving fund to be used for further loans. • A façade improvement program is a grant or incentive program that helps businesses pay for improvements, enhancements, or repairs to the outside of a building in order to make them more attractive and enticing to potential customers. • Waivers for Community Development related fees (such as building permit fees and plan review fees) could help reduce startup costs for new businesses or reduce costs for capital improvements for existing businesses. These are just a few common examples. Each of these strategies would require program creation and administration and, of course, funding from the Town. In sum, much is already being done locally to support an “eclectic mix of business, including smaller ‘mom and pop’ shops.” The question before the Town Board is whether existing business support strategies are sufficient or if there are additional measures that the Town Board would like to implement, including but not limited to those outlined above. If the Town Board would like to implement new strategies, it would be helpful to know which are of interest and how much funding should be made available. Advantages: •Supporting local businesses can lead to: a stronger local economy, a broader tax base, greater resilience in “down” times, increased employment opportunities, and overall improvements to quality of life. Disadvantages: •Providing direct financial support to local businesses can create: perceptions of favoritism (equity issues), lost opportunity costs (any funding spent to support local businesses is funding that cannot be used for other competing purposes), short-term gains that may not be sustainable, and controversy over the government’s role in supporting private businesses. Finance/Resource Impact: To be determined. Level of Public Interest: Medium Attachments: 1. Presentation Business Support Strategic Objective Town of Estes Park Study Session June 23, 2026 Attachment 1 Purpose •2026 Strategic Plan Objective: •“Identify opportunities to support eclectic mix of business, including smaller ‘mom and pop’ shops.” •Review current business support efforts •Determine whether existing support strategies are sufficient or if there are additional strategies/programs that the Town Board would like to implement Current Support Structure •Town represented on Chamber of Commerce and EDWC Boards, both of which exist to provide support and resources for local businesses of all types, including for "mom and pop" shops •Staff on both Boards •Trustee Brown serves on EDWC board •Town contributed $65,000 in Base Funding to EDWC in 2026 •Largest single investment received by EDWC Summary of Existing Support Strategies •Facilitation of networking & relationship building •Marketing and business visibility •Education & skill-building •Advocacy and resource access 2026 Training & Programs (Examples) •HR/Compliance 101 Training for Employers in Estes Park •Interviewing and Recruiting for Seasonal Talent •Seasonal Cash Flow & Smart Financial Management for Small Businesses (followed by one-on-one consultations with a Small Business Development Center (SBDC) consultant •Business Accelerator Services of Estes (BASE) 2.0 (focused on helping Estes Park entrepreneurs build stronger, more sustainable businesses) •Hotel and Hospitality Industry Training and Education (through the American Hotel and Lodging Educational Institute) •Enterprise Zone education and opportunities •Performance Management 101 •Colorado Energy Code education •Marketing and Social Media (including small group social media workshops) •AI for Creating Standard Operating Procedures •Colorado Wildfire Code education •Destination Stewardship education •Elevator Pitches and Building Packages •Sundance Film Opportunities •Local Industries Grant Hire/Train/Retain (LIGHTR) Fund training and opportunities •Community Support Group for Exchange Visitors (collaboration between Visa Sponsors, Chamber/EDWC, and host employers; a program recognized by the Department of State) •’Un’Book Club –an educational and networking opportunity (meets twice quarterly) •Facilitates convening of Wedding, Lodging, Food & Beverage Alliance (meets monthly) •Facilitates convening of Construction Alliance (meets quarterly) •Facilitates convening of Latino Alliance •Coffee Connections (networking opportunities provided at various locations on a monthly basis) •Business After Hours -meets once monthly •Support attendance at Ready, Set, Grow -Women’s Conference •Support attendance at Women of Impact Celebration •Participation/representation at annual “State of Estes Park” event •Ribbon Cuttings, Event Promotion, Business Showcases, Facilitation of Sidewalk Sales, etc. Potential New Strategies (Examples) •Grant program for eligible businesses •A grant program would entail an application process where funding is given directly to a business if certain eligibility criteria are met. •Microloan / revolving loan fund •A microloan program is a small-dollar lending program to help businesses that have difficulty getting bank loans. Repayments could go back into a revolving fund to be used for further loans. •Façade improvement programs •A façade improvement program is a grant or incentive program that helps businesses pay for improvements, enhancements, or repairs to the outside of a building in order to make them more attractive and enticing to potential customers. •Fee waivers for permits and plan reviews •Waivers for Community Development related fees (such as building permit fees and plan review fees) could help reduce startup costs for new businesses or reduce costs for capital improvements for existing businesses. Advantages •Stronger local economy •Broader tax base •Greater economic resilience •More employment opportunities •Improved quality of life Risks / Disadvantages •Perceptions of favoritism •Opportunity cost of public funds •Short-term gains may not last •Debate over government's role in private business Key Questions for Board •Are current strategies sufficient? •If not, which new programs are worth pursuing? •Who should be responsible and what funding level is 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: June 23, 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. For additional context, the Planning Commission memo from their January 21, 2025, meeting to review rezoning criteria is also attached. 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 4. Planning Commission January 21, 2025, Memo – Review of Rezoning Criteria 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.Modification in the number and type of permitted uses; b.Modification or other regulations on permitted density or intensity of development; c.Modification 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. Modification in the number and type of permitted uses; b. Modification or other regulations on permitted density or intensity of development; c. Modification 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 u tilization, 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 Board s 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 %XLOGLQJV LQ WKLV FODVVLͤFDWLRQ DUH PRGHVWO\ VL]HG DQG 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 WR PDUNHWGULYHQ GHYHORSPHQW SUHVVXUH DQG ͥXFWXDWLQJ UHDO HVWDWH 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 COMMUNITY DEVELOPMENT To: Chair Cooper Estes Park Planning Commission From: Steve Careccia, Community Development Director Date: January 21, 2025 Re: Review of Rezoning Criteria PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENT RESOLUTION OTHER Information Item QUASI-JUDICIAL YES NO Objective: Staff will provide the Planning Commission with an overview of the criteria established in the Development Code for the review of code amendments (rezonings) and then solicit Commission discussion and feedback. As this is an information item, no formal action from the Commission is required. Background and Discussion: The ability to regulate land use is granted to municipalities by the State of Colorado. Regarding amendments to adopted land use regulations, Colorado Revised Statutes, Section 31-23-304 (Method of procedure) states: The governing body of such municipality shall provide for the manner in which such regulations and restrictions and the boundaries of such districts are determined, established, enforced, and, from time to time, amended, supplemented, or changed. However, no such regulation, restriction, or boundary shall become effective until after a public hearing thereon at which parties in interest and citizens shall have an opportunity to be heard. At least fifteen days’ notice of the time and place of such hearing shall be published in an official paper or a paper of general circulation in such municipality. While the above statute permits municipalities to address land use regulations, it does not provide specific criteria for how municipalities are to establish those regulations or evaluate amendments. Rather, such procedures are left to the municipality to establish. For the Town of Estes Park, land use procedures, rules, and regulations applicable to land use are set forth in the Development Code. Specifically for the evaluation of rezonings, Section 3.3.D (Standards for Review) of the Development Code establishes Attachment 4 2 three review criteria that must be considered by the Planning Commission and Town Board. The Code’s review criteria (bold) are presented below, along with a staff analysis: 1. The amendment is necessary to address changes in conditions in the areas affected; Determining compliance with this review criteria can be challenging due to the lack of specificity in what constitutes a change in condition. For example, what timeframe should be used for evaluating changes – only recent changes within the last few years or should longer-term changes be considered? What is the area affected – only properties adjoining the rezoned property or should land and properties farther away be considered? What type or degree of change should be considered, including physical changes to the area’s development pattern or changes in master/comprehensive plans applicable to the area? Given the Development Code does not provide specific guidance, Commissioners are asked to make reasonable judgements in the evaluation of a rezoning request. As such, it is both expected and normal that different viewpoints and conclusions may result, but with no one viewpoint or conclusion considered to have greater weight or influence. Regarding staff evaluation of a rezoning, staff takes a comprehensive view of what constitutes a change in condition, and considers both historical and recent changes, physical changes along with changes in applicable master plans/comprehensive plans, and views the affected area as going beyond the rezoned property and adjoining properties, with a focus on the general public. Regarding another perspective on changes in conditions, Colorado courts have put much emphasis on the importance of comprehensive planning/master planning and have generally supported rezonings when deemed to be in conformance with such comprehensive plans. As such, a change of conditions is not necessarily a prerequisite to rezoning from an overall legal perspective. (Colorado Land Planning and Development 2021, 12th Edition) 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 The Estes Forward Comprehensive Plan was recently adopted in 2022, and is the guiding document for the Town. As such, both short- and long-term decisions affecting the Town should be made with the Plan’s vision, guiding principles, goals, policies, and recommended actions in mind. Within the Plan, goals and policies on the natural and built environment, economy, housing, health and social welfare, and transportation and infrastructure are established. In addition, Chapter 3, Future Land Use, of the Plan is especially important when considering land use and development decisions. This chapter designates a Future Land Use 3 category for properties within the planning area to establish the desired pattern of development and character for these areas. So, when considering a rezoning, the Commission should evaluate whether the requested zoning district furthers the desired character of the area as set forth in the Plan. Whereas a property’s Future Land Use designation, pursuant to the Comprehensive Plan, is aspirational, a property’s zoning is regulatory. Zoning establishes the permitted uses that can occur on that property and other regulatory standards such as building setbacks and density. When a property is rezoned, the permitted uses in the new zoning district must be compatible with the existing uses and development in the area, in addition to being consistent with the Comprehensive Plan. Regarding compatibility, the Development Code offers guidance with the following definition: Compatible or Compatibility shall mean the characteristics of different uses or activities or design which allow them to be located near or adjacent to each other in harmony. Some elements affecting compatibility include height, scale, mass and bulk of structures. Other characteristics include pedestrian or vehicular traffic, circulation, access and parking impacts. Other important characteristics that affect compatibility are landscaping, lighting, noise, odor and architecture. Compatibility does not mean "the same as." Rather, compatibility refers to the sensitivity of development proposals in maintaining the character of existing development. The definition clearly states that compatibility does not mean that land uses within the vicinity of each other have to be the same. But they should be in harmony. In furtherance of this objective, much of the Development Code’s purpose is to ensure such harmony exists. From requirements for building setbacks, buffering and landscaping, density, and height limits to requirements for the submittal of traffic impact reports, and site lighting and drainage plans, the intent is to ensure that future development does not adversely affect nearby properties or the overall public welfare. The Planning Commission may also add conditions of approval to a rezoning request, if they believe such conditions are necessary for greater compatibility between existing and proposed land uses. Sometimes the term ‘spot zoning’ is used when referring to a rezoning. Pursuant to established planning principles, a rezoning must be compatible with adjacent uses in the area and consistent with the comprehensive plan. A ‘spot zoning’ generally occurs when these principles are not adhered to. A commonly used example of ‘spot zoning’ is the rezoning of a small parcel within an established residential zone, as designated in that municipality’s comprehensive plan and zoning map, from residential to commercial. Such commercial rezoning could be considered incompatible with the surrounding residential area and inconsistent 4 with the comprehensive plan, especially if purposely done to relieve that property of certain zoning requirements. While this is a simplistic example, and the factors for and against a rezoning can be complex, it nonetheless still shows how a rezoning should and should not be evaluated. Further to this issue, it should be noted that the Development Code does not define ‘spot zoning’ but does require all rezonings to meet the evaluation criteria, as addressed within this report. 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. Of the three evaluation criteria, this is generally the most straightforward. When an application for rezoning is received, staff will send that application to all applicable utility and service providers for their input and recommendations on the requested rezoning. These providers will generally state if they can serve or not serve the property, and any impacts the rezoning may have on their provision of service. If the service providers indicate they cannot serve the property or that the provision of service would require investment by the property owner, then such information should be considered during the evaluation of the rezoning request. For example, if the Fire District indicates that due to the terrain of the area being rezoned that two emergency access points would be very beneficial, though not required, then the Commission may want to consider making this a condition of the zoning approval. Conclusion: When a rezoning goes before the Planning Commission, staff will provide a report on how that rezoning is either consistent or inconsistent with the Comprehensive Plan’s various goals and policies and the property’s Future Land Use designation. Similarly, staff will also provide an analysis of how the proposed rezoning is either compatible or incompatible with the land uses in the surrounding area. This information is intended to help Commissioners form their own conclusions on the item. Attachments: None Rezoning Criteria Town Board Study Session June 23, 2026 Presentation Received 2026-06-23 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: May 26 & June 23 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 4 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 a.The amendment will correct a technical error in the text or Official Zoning Map of this Code. 5 6 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. Modification in the number and type of permitted uses; b. Modification or other regulations on permitted density or intensity of development; c. Modification 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. 7 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. 8 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 9 Direction Requested 10 •Should staff amend the rezoning criteria in the Development Code? •If so, what should that amendment look like? •Consider criteria as drafted? •Other recommendations? •Should staff include such amendment in the overall code update? •Or, should it be a stand-alone amendment? •Public hearing process either way… 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 July 14, 2026 • Police Department Facility Financing • Draft Code Amendment to Requirements for Neighborhood Meetings • Housing Definitions and Density Bonuses in the Development Code July 28, 2026 • Development Code Update 50% Draft Review August 11, 2026 • Visit Estes Park Dark Sky Ordinance • Administrative Regulations Enforcement Process • Policy 102 (Town Committees) Liaison Review • Policy 102 (Town Committees) Focus Groups Draft August 25, 2026 • Downtown Plan Approach • 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 • Parking License Plate Recognition Policy Items for Town Board Consideration • None