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HomeMy WebLinkAboutPACKET Town Board Budget Study Session 2016-08-30  TOWN BOARD / PLANNING COMMISSION / COUNTY COMMISSIONER Tuesday, August 30, 2016 STUDY SESSION 8:00 p.m. Board Room AGENDA 1. Vacation Rental Task Force Recommendation Presentation. (Larimer County Community Development Director Terry Gilbert) 2. Discussion of Recommendations. 3. Direction to Staff. 4. Vacation Rental Task Force Recommendations on Enforcement. (Ed Peterson, Vacation Rental Task Force Representative) “Informal discussion among Trustees, Board and Commission concerning agenda items or other matters may occur before this meeting at approximately 7:45 p.m.”  1       2 TO: Board of County Commissioners Town of Estes Park Trustees 23 August 2016 FROM: COL Robert “Terry” Gilbert (ret.), AICP Director SUBJECT: Vacation Rental Task Force Recommendations on Vacation Rentals for 9 or More Occupants 30 August 2016 Joint Work Session At the 2 February 2016 Joint Work Session between the Board of County Commissioners, Town Trustees, and the Estes Valley Planning Commission, I was asked to develop the Scope of Work and Timeline for a Vacation Rental Task Force. The Task Force was charged with developing recommendations, concerning vacation rentals that will accommodate 9 or more individuals. The Task Force was not charged with making recommendations on the Enforcement process, because the enforcement processes were going to be reviewed by the Town staff separately. Timeline Both Boards set mid-November 2016 as the approximate time for the final public hearing to decide on possible Development Code amendments, for vacation rentals, which accommodated 9 or more occupants. The Scope of Work and Timeline were developed with the mid-November date as a completion date. The Board of County Commissioners and the Town Trustees approved the Scope of Work & Timeline on 16 February and 23 February, respectively, with two changes: 1. Add a task force member from the Association of Responsible Development (ARD) and 2. Have a task force member selected by the property managers. The Task Force was made up of 15 members, not counting myself. The membership is made up of two primary categories: 1. Individuals (8 members) approved by the Town Trustees and Board of County Commissioners: a.3 home owners within the town limits, living near or close to a vacation rental; b. 3 home owners within the unincorporated area of the Estes Valley Planning Area, living near or close to a vacation rental; c.1 vacation rental owner, with a vacation rental in the town limits; d. 1 vacation rental owner, with a vacation rental within the unincorporated area of the Estes Valley Planning Area. 2. Organizations (7). Each organization was to select a representative to be on the Task Force. The actual list of organizations and their representative is shown in Tab A. On 12 April 2016, both the Town Trustees and the Board of County Commissioners met, via a tele-conference, to select the 8 members of group 1, above. The first meeting of the Task Force was held on 27 April 2016. The meetings were held every other Wednesday from 27 April through 3 August 2016, for a total of 8 meetings. 3 Between 27 April and 3 August both the Board of Trustees and the Board of County Commissioners were updated on the process of the Task Force in June and July. On 3 August 2016, the Task Force completed their assignment to recommend potential changes to the Estes Valley Land Development Code, should the Board of Trustees and the County Commissioners decide to allow Vacation Rentals for 9/above occupants. The current schedule for the potential adoption is as follows: 30 August 2016 - Work session between the Board of Trustees, Board of County Commissioners, and the Estes Valley Planning Commission. Should the Board of Trustees and the Board of County Commissioners decide to move forward with the Public Hearing process, the Town of Estes Community Development Department will develop appropriate Code amendments reflecting the Task Force recommendations and any additional language requested by either of the Boards. 18 October 2016 – Estes Valley Planning Commission Public Hearing 17 November 2016 - Board of Trustees’ and Board of County Commissioners’ joint Public Hearing. It needs to be noted, an initial assumption in the timeline was the final determination on the amendments to the vacation rents for 8/below and whether there would be a cap on the total number of vacation rentals in the Estes Valley Planning Area. As of the date of this report, no action has been taken to resolve the two items. The Process As both the Board of Trustees and the Board of County Commissioners know, the issue of vacation rentals is an extremely volatile issue. Although the members of the Task Force were appointed to work together in developing a set of recommendations for the two Boards, each representative still had their own opinions about vacation rentals. This was evident in the first half of the process and resulted in heated arguments. During the process, three Task Force members resigned, the most recent on the day of the last meeting. Those resigning were: one owner/occupied representative from within the Town limits (resigned on 6 July) and two owner/occupied representatives outside of the Town limits (one resigned on 19 July and the other on 3 August). However, in July and August, the representatives, for the most part, were working to develop recommendations each member could live with. As a result, 15 out of 17 tasks were completed and are being recommended with a unanimous vote. During the Task Force process, the method of determining the recommendations from the Task Force was changed, from a “Informed Consent/Unified Decision” process to a voting (head count) process. This caused some delay added one additional meeting on 3 August 2016. The end process of approving recommendations was two-fold: 1. The vote had to be a majority vote of all members 2. The vote had to be an “Equitable Vote”: ie; a.A minimum of 5 out of the 8 members (that were not representing the Owner/Occupied residential properties) was needed, b. A minimum of 4 out of the 7 members (that were representing the Owner/Occupied residential properties) was needed. 4 Even though 3 of the 7 owner/occupied representatives resigned during the process, all 4 of the remaining members had to vote for a recommendation, in order for it to be considered an “Equitable Vote”. Tab “A” shows the actual votes on each recommendation. Any task, not being recommended, would still be brought forward to the Board of Trustees and Board of County Commissioners with an explanation of why the Task Force was not able to reach a final recommendation on a particular task. There were a total of eighteen (18) tasks discussed: 1. Fifteen (15) of the tasks are being recommended with a unanimous decision, 2.The Task Force could not reach a “Equitable Vote” on two of the tasks, 3. One Task (Neighborhood Character) was determined to be an item the Board of Trustees and the Board of County Commissioners would need to determine during their final approval or denial of an application. Throughout the process, a key issue of concern was the lack of enforcement of the current land use regulations and whether enforcement was going to continue to be an issue. Although Enforcement was not a task assigned to the Task Force, once the Task Force completed their assigned duties, they did discuss Enforcement of the land development code and addressed Building Code concerns. For the Building Codes, the Task Force recommends the Board of Trustees and Board of County Commissioners modify the Building Codes to be consistent in how vacation rentals, for those that have occupancy of 9 and above, are regulated. The Task Force appointed Ed Peterson to speak on their behalf regarding concerns related to current and future enforcement of the Land Development Code. Mr. Peterson will speak at the end of the joint work session. Recommendations: Tab “A” below is a listing of the tasks, the Task Force identified, and the recommendations associated with the tasks. 5 TAB A Estes Valley Vacation Rental Task Force 9 & Above Occupancy Recommendations 6 Date: 06 July 2016 Task: Process for establishing occupancy count Vote: Total: 13 - 0 Non-HO: HO: Yes No Name of VR Representative Representing X Art Blume Association of Responsible Development (ARD) X Jane Livingston Estes Area Lodging Association X Judy Anderson Estes Park Board of Realtors Not Present Bill van Horn Estes Park Economic Development Corp (EDC) X Ed Peterson Estes Park Vacation Rentals Owners Association X Rainer Schelp Property Management Representative X Lindsey Lamson Visit Estes Park X Fred R Mares Home Owner (in Town) X Millicent Cozzie Home Owner (in Town) X Richard (Dick) Spielman Home Owner (in Town) X Bernie Hollen Home Owner (out of Town) Vacant Home Owner (out of Town) X Jo Anne Ollerenshaw Home Owner (out of Town) X Mick Scarpella Vacation Rental Owner (in Town) X Linda Moak Vacation Rental Owner (out of Town) Recommendation: Process count should be (2 occupants per bedroom + 2 additional occupants) 7 Date: 06 July 2016 Task: Traffic limitations in areas adjacent to VR Vote: Total: 13 - 0 Non-HO: HO: Yes No Name of VR Representative Representing X Art Blume Association of Responsible Development (ARD) X Jane Livingston Estes Area Lodging Association X Judy Anderson Estes Park Board of Realtors Not Present Bill van Horn Estes Park Economic Development Corp (EDC) X Ed Peterson Estes Park Vacation Rentals Owners Association X Rainer Schelp Property Management Representative X Lindsey Lamson Visit Estes Park X Fred R Mares Home Owner (in Town) X Millicent Cozzie Home Owner (in Town) X Richard (Dick) Spielman Home Owner (in Town) X Bernie Hollen Home Owner (out of Town) Vacant Home Owner (out of Town) X Jo Anne Ollerenshaw Home Owner (out of Town) X Mick Scarpella Vacation Rental Owner (in Town) X Linda Moak Vacation Rental Owner (out of Town) Recommendation: Traffic imitations in areas adjacent to Vacation Rentals are to be the same as the existing requirements for the area. 8 Date: 06 July 2016 Task: Speed limits in areas adjacent to VR Vote: Total: 13 - 0 Non-HO: HO: Yes No Name of VR Representative Representing X Art Blume Association of Responsible Development (ARD) X Jane Livingston Estes Area Lodging Association X Judy Anderson Estes Park Board of Realtors Not Present Bill van Horn Estes Park Economic Development Corp (EDC) X Ed Peterson Estes Park Vacation Rentals Owners Association X Rainer Schelp Property Management Representative X Lindsey Lamson Visit Estes Park X Fred R Mares Home Owner (in Town) X Millicent Cozzie Home Owner (in Town) X Richard (Dick) Spielman Home Owner (in Town) X Bernie Hollen Home Owner (out of Town) Vacant Home Owner (out of Town) X Jo Anne Ollerenshaw Home Owner (out of Town) X Mick Scarpella Vacation Rental Owner (in Town) X Linda Moak Vacation Rental Owner (out of Town) Recommendation: Speed limits in areas adjacent to Vacation Rentals are to be the same as the existing requirements for the area. 9 Date: 06 July 2016 Task: Number of Vacation Rentals in a neighborhood – No Recommendation on Number Vote: Total: 10 - 3 Non-HO: 7 yes HO: 3 yes & 3 no Yes No Name of VR Representative Representing X Art Blume Association of Responsible Development (ARD) X Jane Livingston Estes Area Lodging Association X Judy Anderson Estes Park Board of Realtors Not Present Bill van Horn Estes Park Economic Development Corp (EDC) X Ed Peterson Estes Park Vacation Rentals Owners Association X Rainer Schelp Property Management Representative X Lindsey Lamson Visit Estes Park X Fred R Mares Home Owner (in Town) X Millicent Cozzie Home Owner (in Town) X Richard (Dick) Spielman Home Owner (in Town) X Bernie Hollen Home Owner (out of Town) Vacant Home Owner (out of Town) X Jo Anne Ollerenshaw Home Owner (out of Town) X Mick Scarpella Vacation Rental Owner (in Town) X Linda Moak Vacation Rental Owner (out of Town) The TF recommendation was not approved with an equitable vote. Therefore, this is not a recommendation of the TF. A vote of 11-2 would be required to be considered equitable. Concerns were raised, by those not in favor of the motion, about the current lack of enforcement and that the character of the neighborhood would be changed if there was no restriction. 10 Date: 06 July 2016 Task: Review of Assessor’s records vs Building Department records (ie: number of bedrooms) Vote: Total: 13 - 0 Non-HO: HO: Yes No Name of VR Representative Representing X Art Blume Association of Responsible Development (ARD) X Jane Livingston Estes Area Lodging Association X Judy Anderson Estes Park Board of Realtors Not Present Bill van Horn Estes Park Economic Development Corp (EDC) X Ed Peterson Estes Park Vacation Rentals Owners Association X Rainer Schelp Property Management Representative X Lindsey Lamson Visit Estes Park X Fred R Mares Home Owner (in Town) X Millicent Cozzie Home Owner (in Town) X Richard (Dick) Spielman Home Owner (in Town) X Bernie Hollen Home Owner (out of Town) Vacant Home Owner (out of Town) X Jo Anne Ollerenshaw Home Owner (out of Town) X Mick Scarpella Vacation Rental Owner (in Town) X Linda Moak Vacation Rental Owner (out of Town) The process is already underway and the TF recommends continuing to review the Assessor’s records against the Building Department to determine the legal number of bedrooms associated with vacation rentals. 11 Date: 06 July 2016 & 03 August 2016 Task: Inspections to be conducted by local government, etc. Vote: Total: 14 - 0 Non-HO: HO: Yes No Name of VR Representative Representing X Art Blume Association of Responsible Development (ARD) X Jane Livingston Estes Area Lodging Association X Judy Anderson Estes Park Board of Realtors X Bill van Horn Estes Park Economic Development Corp (EDC) X Ed Peterson Estes Park Vacation Rentals Owners Association X Rainer Schelp Property Management Representative X Lindsey Lamson Visit Estes Park X Fred R Mares Home Owner (in Town) X Millicent Cozzie Home Owner (in Town) X Richard (Dick) Spielman Home Owner (in Town) X Bernie Hollen Home Owner (out of Town) Vacant Home Owner (out of Town) X Jo Anne Ollerenshaw Home Owner (out of Town) X Mick Scarpella Vacation Rental Owner (in Town) X Linda Moak Vacation Rental Owner (out of Town) Recommendation: 1.All normal Land Use, Building, Health, Fire, etc. to be utilized 2.Annual inspections are not required Note: Originally, on 06 July 2016, the vote was 10 – 3 and was an approved with an equitable vote. On 03 Aug 2016, the individuals who voted no (Jane Livingston, Rainer Schelp, and Linda Moak, plus Bill Van Horn) requested their votes be changed to “yes”, thus making the final vote 14 – 0. 12 Date: 20 July 2016 Task: Grandfathering of 9/above Vacation Rentals Vote: Total: 10 - 0 Non-HO: HO: Yes No Name of VR Representative Representing X Art Blume Association of Responsible Development (ARD) X Jane Livingston Estes Area Lodging Association X Judy Anderson Estes Park Board of Realtors Not Present Bill van Horn Estes Park Economic Development Corp (EDC) X Ed Peterson Estes Park Vacation Rentals Owners Association Not Present Rainer Schelp Property Management Representative X Lindsey Lamson Visit Estes Park X Fred R Mares Home Owner (in Town) X Millicent Cozzie Home Owner (in Town) X Richard (Dick) Spielman Home Owner (in Town) Bernie Holien (resigned 19 July) Home Owner (out of Town) Vacant Home Owner (out of Town) Not Present Jo Anne Ollerenshaw Home Owner (out of Town) X Mick Scarpella Vacation Rental Owner (in Town) X Linda Moak Vacation Rental Owner (out of Town) Recommendation: 1.Effective 01 July 2016, Grandfather existing 9/above, or capacity for 9/above, Vacation Rentals, only for VRs that are currently permitted as 8/below and have existing capacity for 9/above. 2.Within 30 days of the final adoption of 9/above VR regulations, all potential grandfathered 9/above VRs are to submit for license/permit. (verification of the use must be provided) 3.Grandfather status for 9/above VR: a.Location on a lot of less than one (1) acre would be grandfathered b.Existing setback of less than 25 feet would be grandfathered c.Use as a grandfathered 9/above vacation rental is dependent on the number of bedrooms (2 occupants per bedroom + 2 additional occupants) d.Parking, Building, Health, Fire, etc. are not Grandfathered. Note: As of 01 July 2016, there were a total of 97 vacation rentals, which would potentially be considered under the Grandfather recommendation: 32 vacation rentals within the Town limits 65 vacation rentals within the unincorporated area of the Estes Valley Planning Area 13 Date: 20 July 2016 Task: Location Requirements Vote: Total: 10 - 0 Non-HO: HO: Yes No Name of VR Representative Representing X Art Blume Association of Responsible Development (ARD) X Jane Livingston Estes Area Lodging Association X Judy Anderson Estes Park Board of Realtors Not Present Bill van Horn Estes Park Economic Development Corp (EDC) X Ed Peterson Estes Park Vacation Rentals Owners Association Not Present Rainer Schelp Property Management Representative X Lindsey Lamson Visit Estes Park X Fred R Mares Home Owner (in Town) X Millicent Cozzie Home Owner (in Town) X Richard (Dick) Spielman Home Owner (in Town) Bernie Holien (resigned 19 July) Home Owner (out of Town) Vacant Home Owner (out of Town) Not Present Jo Anne Ollerenshaw Home Owner (out of Town) X Mick Scarpella Vacation Rental Owner (in Town) X Linda Moak Vacation Rental Owner (out of Town) Recommendation: 1.Allowed in the same zoning districts as the 8/below are allowed 2.Minimum of 1 acre lot (smaller lots could be combined, utilizing the subdivision regulations, to create a 1 acre or larger lot) 3.Minimum of 25’ setbacks for all a yards or the zoning district setbacks, whichever is greater 14 Date: 20 July 2016 Task: Parking Vote: Total: 10 - 0 Non-HO: HO: Yes No Name of VR Representative Representing X Art Blume Association of Responsible Development (ARD) X Jane Livingston Estes Area Lodging Association X Judy Anderson Estes Park Board of Realtors Not Present Bill van Horn Estes Park Economic Development Corp (EDC) X Ed Peterson Estes Park Vacation Rentals Owners Association Not Present Rainer Schelp Property Management Representative X Lindsey Lamson Visit Estes Park X Fred R Mares Home Owner (in Town) X Millicent Cozzie Home Owner (in Town) X Richard (Dick) Spielman Home Owner (in Town) Bernie Holien (resigned 19 July) Home Owner (out of Town) Vacant Home Owner (out of Town) Not Present Jo Anne Ollerenshaw Home Owner (out of Town) X Mick Scarpella Vacation Rental Owner (in Town) X Linda Moak Vacation Rental Owner (out of Town) Recommendation: Utilize the current language in the Estes Valley Land Development Code: 5.2.B.2.e.6 Limit on Number of Parked or Stored Vehicles, Not Including Recreational Equipment and Recreational Vehicles, on a Lot. (a) This Section applies to all vehicles that are not parked or stored in a fully enclosed garage. (b) As Accessory to Single-Family and Two-Family Principal Uses. No more than a total of four (4) vehicles shall be parked or stored on a lot of two (2) acres or less. No more than a total of five (5) vehicles shall be parked or stored on a lot greater than two (2) acres in size, but less than five (5) acres. No more than a total of six (6) vehicles shall be parked or stored on a lot equal to, or greater than five (5) acres, but less than ten (10) acres. No more than a total of eight (8) vehicles shall be parked or stored on a lot equal to, or greater than ten (10) acres. Note: A variance to the parking requirements would need to be added, to the VR application, to have more vehicles than listed above. 15 Date: 20 July 2016 Task: Renter Notification Requirements for Posting Vote: Total: 10 - 0 Non-HO: HO: Yes No Name of VR Representative Representing X Art Blume Association of Responsible Development (ARD) X Jane Livingston Estes Area Lodging Association X Judy Anderson Estes Park Board of Realtors Not Present Bill van Horn Estes Park Economic Development Corp (EDC) X Ed Peterson Estes Park Vacation Rentals Owners Association Not Present Rainer Schelp Property Management Representative X Lindsey Lamson Visit Estes Park X Fred R Mares Home Owner (in Town) X Millicent Cozzie Home Owner (in Town) X Richard (Dick) Spielman Home Owner (in Town) Vacant Home Owner (out of Town) Vacant Home Owner (out of Town) Not Present Jo Anne Ollerenshaw Home Owner (out of Town) X Mick Scarpella Vacation Rental Owner (in Town) X Linda Moak Vacation Rental Owner (out of Town) Recommendation: This is the recommended list to be posted in the home of vacation rentals of 9 or more. It does not include information that would be in the rental agreement or expanded information that would be included in the guest information binder/book in the home. However, it is recommended the same list be used for vacation rentals of 8 and below occupancy. YOU ARE STAYING IN A RESIDENTIAL NEIGHBORHOOD. OUR NEIGHBORS ARE GOING ABOUT THEIR DAILY LIVES, INCLUDING GETTING UP TO GO TO WORK, POSSIBLY VERY EARLY (5 AM). SLOW DOWN WHILE DRIVING, RESPECT THEIR PRIVACY, DO NOT TRESPASS AND REDUCE THE OUTSIDE NOISE LEVEL AFTER 9:00 PM. THIS WILL GO A LONG WAY IN ASSURING OUR ABILITY TO RETAIN OUR VACATION RENTAL FOR FUTURE VISITORS. THANK YOU. 1.Physical address and License or Permit #: 2.Name and contact information for owner/manager: 16 3.Important contact information: Emergency 911 Police Department Fire Department Hospital Doctors Office (walk-in) 4.Maximum occupancy: 5.Visitors/Daily use: A visitor is an occupant in the rental property that is not staying overnight. The total number of persons permitted in rental property including visitors is __________. This property is not an event venue. 6.Parking: Number of vehicles allowed: _________________________________________ Vehicles in garage do not count. On street parking is prohibited by ordinance. 7.Location of fire extinguisher/s ______________________________________ 8.Trash Disposal: (Information pertinent to each property). Leaving trash or food outside or in your car has the potential for attracting bears and other wildlife looking for an easy snack. This causes damage, puts people in danger and jeopardizes the life and safety of the wildlife involved. 9.Noise: Noise in the Estes Valley travels easily and far in the mountain air, especially in the evening, night and early morning hours. Tenant shall not make or permit any excessive, disturbing or annoying Noise in or on the Rental Property by tenants or guests, nor permit such persons to do anything that will interfere with the rights of neighbors in the surrounding area, specifically including, but not limited to, the right of quiet enjoyment. By ordinance, noise levels are strictly controlled and enforced with mandatory quiet hours between 10 pm and 9 am. Please read expanded version regarding noise in the house information book. 10.Wildlife Safety/Protection: Do not approach or feed any wild animals Including birds. Animals of any size are potentially dangerous. Do not allow small children to be outdoors except with adult supervision. You have a responsibility for the well-being 17 of wild animals by not putting yourself in a situation whereby you or your children could be injured thus requiring that the animal be destroyed. 11.Pet Regulations/Safety: Not relevant if owner does not allow pets. Estes Park has a leash law requiring all pets to be on a leash at all times-enforced with fines. Do not allow pet to chase wildlife. This puts the wildlife and the pet’s life in danger and you in danger of a large fine. Do not tie up/tether pet outside as this only makes the pet available as coyote and mountain lion chow. Pick up your pets poop. 12.Exterior Lighting: Turn off all exterior lighting when not needed or by 10 pm. 13.Map/Plot Plan: - State where it can be found and encourage tenants to look at it. Mark boundary corners, if possible, so that they are noticeable. 14.Trespassing: Trespassing on private property is illegal in Colorado. Trespassing may result in the eviction of all guests. As part of your Vacation Rental Agreement you have agreed that all members in your group will refrain from trespassing on the adjacent neighbor’s property. 15.Fire Alarms/Carbon Monoxide Detectors: The property has fire alarms and Carbon monoxide detectors installed and they are believed to be functioning properly at the time of rental. Notify management without delay if a fire alarm or carbon monoxide detector “chirps” or has a low battery condition. 16.Smoking: Not relevant if smoking is not allowed on property. If smoking outside, all cigarettes must be extinguished and butts placed in designated receptacles. Do not toss cigarette butts on ground as fires can quickly start. 17.Miscellaneous: No weddings or wedding related groups, large groups, parties, functions etc. 18 Date: 20 July 2016 Task: Noise Requirements Vote: Total: 10 - 0 Non-HO: HO: Yes No Name of VR Representative Representing X Art Blume Association of Responsible Development (ARD) X Jane Livingston Estes Area Lodging Association X Judy Anderson Estes Park Board of Realtors Not Present Bill van Horn Estes Park Economic Development Corp (EDC) X Ed Peterson Estes Park Vacation Rentals Owners Association Not Present Rainer Schelp Property Management Representative X Lindsey Lamson Visit Estes Park X Fred R Mares Home Owner (in Town) X Millicent Cozzie Home Owner (in Town) X Richard (Dick) Spielman Home Owner (in Town) Bernie Holien (resigned 19 July) Home Owner (out of Town) Vacant Home Owner (out of Town) Not Present Jo Anne Ollerenshaw Home Owner (out of Town) X Mick Scarpella Vacation Rental Owner (in Town) X Linda Moak Vacation Rental Owner (out of Town) Current Town or County Noise Ordinance, depending on location in or out of Town, would apply. No additional requirements limiting use or time of use, for outside activities, would be required. 19 Date: 20 July 2016 Task: Minimum age limit for counting an Individual as an Occupant Vote: Total: 10 - 0 Non-HO: HO: Yes No Name of VR Representative Representing X Art Blume Association of Responsible Development (ARD) X Jane Livingston Estes Area Lodging Association X Judy Anderson Estes Park Board of Realtors Not Present Bill van Horn Estes Park Economic Development Corp (EDC) X Ed Peterson Estes Park Vacation Rentals Owners Association Not Present Rainer Schelp Property Management Representative X Lindsey Lamson Visit Estes Park X Fred R Mares Home Owner (in Town) X Millicent Cozzie Home Owner (in Town) X Richard (Dick) Spielman Home Owner (in Town) Bernie Holien (resigned 19 July) Home Owner (out of Town) Vacant Home Owner (out of Town) Not Present Jo Anne Ollerenshaw Home Owner (out of Town) X Mick Scarpella Vacation Rental Owner (in Town) X Linda Moak Vacation Rental Owner (out of Town) Recommendation: All occupants, regardless of age, would be counted. This is due to health, safety, welfare concerns in case of fires, etc. 20 Date: 20 July 2016 Task: Proof of Insurance Vote: Total: 10 - 0 Non-HO: HO: Yes No Name of VR Representative Representing X Art Blume Association of Responsible Development (ARD) X Jane Livingston Estes Area Lodging Association X Judy Anderson Estes Park Board of Realtors Not Present Bill van Horn Estes Park Economic Development Corp (EDC) X Ed Peterson Estes Park Vacation Rentals Owners Association Not Present Rainer Schelp Property Management Representative X Lindsey Lamson Visit Estes Park X Fred R Mares Home Owner (in Town) X Millicent Cozzie Home Owner (in Town) X Richard (Dick) Spielman Home Owner (in Town) Bernie Holien (resigned 19 July) Home Owner (out of Town) Vacant Home Owner (out of Town) Not Present Jo Anne Ollerenshaw Home Owner (out of Town) X Mick Scarpella Vacation Rental Owner (in Town) X Linda Moak Vacation Rental Owner (out of Town) No Proof of Insurance will be required. Insurance is the responsibility of the VR owner. 21 Date: 20 July 2016 Task: Liability: Rental agreements to protect liability of neighbors Vote: Total: 10 - 0 Non-HO: HO: Yes No Name of VR Representative Representing X Art Blume Association of Responsible Development (ARD) X Jane Livingston Estes Area Lodging Association X Judy Anderson Estes Park Board of Realtors Not Present Bill van Horn Estes Park Economic Development Corp (EDC) X Ed Peterson Estes Park Vacation Rentals Owners Association Not Present Rainer Schelp Property Management Representative X Lindsey Lamson Visit Estes Park X Fred R Mares Home Owner (in Town) X Millicent Cozzie Home Owner (in Town) X Richard (Dick) Spielman Home Owner (in Town) Bernie Holien (resigned 19 July) Home Owner (out of Town) Vacant Home Owner (out of Town) Not Present Jo Anne Ollerenshaw Home Owner (out of Town) X Mick Scarpella Vacation Rental Owner (in Town) X Linda Moak Vacation Rental Owner (out of Town) No requirement for liability signoff by renters, for protection of adjacent property owners. The VR is subject to the same criteria as any other residential home is, within the area. (Note: the VR owner will include the statement that renters are not to trespass onto adjacent properties. This will be in the list of posted items.) 22 Date: 3 Aug 2016 Task: Local Contact requirements for manager/owner Vote: Total: 10 - 0 Non-HO: HO: Yes No Name of VR Representative Representing X Art Blume Association of Responsible Development (ARD) X Jane Livingston Estes Area Lodging Association X Judy Anderson Estes Park Board of Realtors X Bill van Horn Estes Park Economic Development Corp (EDC) X Ed Peterson Estes Park Vacation Rentals Owners Association X Rainer Schelp Property Management Representative Not Present Lindsey Lamson Visit Estes Park X Fred R Mares Home Owner (in Town) Not Present Millicent Cozzie Home Owner (in Town) X Richard (Dick) Spielman Home Owner (in Town) Vacant Home Owner (out of Town) Vacant Home Owner (out of Town) Jo Anne Ollerenshaw (resigned on 3 Aug 2016) Home Owner (out of Town) X Mick Scarpella Vacation Rental Owner (in Town) X Linda Moak Vacation Rental Owner (out of Town) Recommendation: “Local Contact. The permit shall designate a local resident or property manager of the Estes Valley who can be contacted by phone and is available twenty-four (24) hours per day, with regard to any violation of the provisions of this Section. The local resident or property manager shall respond to complaints within thirty (30) minutes.” Additionally, the Task Force would recommend this same language be used for vacation rentals that have 8/below occupants. 23 Date: 3 Aug 2016 Task: Maximum Occupancy for 9/above Vacation Rentals (Two motions, see below, 1.a. and 1.b.) (No matter how many bedrooms the vacation rental has) Vote: Total: Non-HO: HO: Yes No Name of VR Representative Representing 1.a 1.b 1.a 1.b X X Art Blume Association of Responsible Development (ARD) X X Jane Livingston Estes Area Lodging Association X X Judy Anderson Estes Park Board of Realtors X X Bill van Horn Estes Park Economic Development Corp (EDC) X X Ed Peterson Estes Park Vacation Rentals Owners Association X X Rainer Schelp Property Management Representative Not Present Lindsey Lamson Visit Estes Park X X Fred R Mares Home Owner (in Town) Not Present Millicent Cozzie Home Owner (in Town) X X Richard (Dick) Spielman Home Owner (in Town) Vacant Home Owner (out of Town) Vacant Home Owner (out of Town) Jo Anne Ollerenshaw (resigned on 3 Aug 2016) Home Owner (out of Town) X X Mick Scarpella Vacation Rental Owner (in Town) X X Linda Moak Vacation Rental Owner (out of Town) After a number of motions, to establish a specific maximum occupancy allowed for a 9/above vacation rental, no matter how many bedrooms there are, the following was established: 1.There were two motions, which were seconded, however neither motion was approved by the majority of Owner/occupied representatives. Those motions/votes were: a.A Motion was made to allow two people per bedroom plus two people with a maximum occupancy count of 20 people (and/or nine bedrooms plus two people). Seven members voted in favor the Motion. Three members voted against the Motion. b.A Motion was made to limit the maximum number of occupants to 8 occupants for any vacation rental located in a zoning district which had minimum lots sizes of anything less than one acre in size. Any vacation rental located within a zoning district that allowed lots of one acre or more in size (E-1, RE, RE-1, A and A-1) could have a maximum of 20 occupants. 7 members voting in favor of the Motion, and 3 members voted against the Motion. The reason for the no votes was: 24 The lack of enforcement of all the current code and ordinance requirements (not just the noise ordnance) At what occupancy does a short term rental in a residential zone become an actual commercial lodging business; At what occupancy is the use of a dwelling as a short term rental in conflict with residential zoning regulations/definitions; What is the mechanism for preventing neighborhoods, or developments, of 2 and 3 bedroom homes from being purchased and converted to 9+ VRs by the addition of bedroom wings or second floors; How many high occupancy (9+) vacation rentals could, or should, be allowed in close proximity before neighborhood character is detrimentally impacted or lost completely and the resultant residential area turned into a de facto accommodations zone? (Please note) It was to be further noted that all the Task Force members came together and have 100% consensus on the enforcement concern. 2.Through the multiple motions and discussion, the highest maximum limit discussed was 20 occupants and the lowest maximum was 10. 3.The Task Force believes there should be a maximum occupancy but was not able to establish a specific occupation limit or establish criteria on how to establish the occupation limit. 25 Date: 3 Aug 2016 Task: Approval Process for 9/above Vacation Rentals (Current Special Review Process) Vote: Total: 10 - 0 Non-HO: HO: Yes No Name of VR Representative Representing X Art Blume Association of Responsible Development (ARD) X Jane Livingston Estes Area Lodging Association X Judy Anderson Estes Park Board of Realtors X Bill van Horn Estes Park Economic Development Corp (EDC) X Ed Peterson Estes Park Vacation Rentals Owners Association X Rainer Schelp Property Management Representative Not Present Lindsey Lamson Visit Estes Park X Fred R Mares Home Owner (in Town) Not Present Millicent Cozzie Home Owner (in Town) X Richard (Dick) Spielman Home Owner (in Town) Vacant Home Owner (out of Town) Vacant Home Owner (out of Town) Jo Anne Ollerenshaw (resigned on 3 Aug 2016) Home Owner (out of Town) X Mick Scarpella Vacation Rental Owner (in Town) X Linda Moak Vacation Rental Owner (out of Town) Recommendation: 1.Initially utilize the current Special Review process. 2.Staff needs to develop a more streamlined (shorter) process, which results in an approval by the Board of Trustees, for applications within the Town and approval by the Board of County Commissioners for applications within the unincorporated area of the Estes Valley Planning Area. There was a lengthy discussion, on the approval process. All members agreed the Board of Trustees or the Board of County Commissioners (depending on whether within the Town limits or in the unincorporated area) should be the final approval authority through a Special Review process. There was discussion about administrative approvals, however the Task Force “did not have confidence in the town board or staff, based on past experience with the Town Board’s actions”. The members of the Task Force, who own and live in their homes, strongly oppose any change to the current Special Review process, which would allow for a staff approval of such an application. The Task Force firmly believe “there is need for a public hearing to allow the elected officials to hear, first hand, the pros and cons of such a change, contemplate the impact to neighbors, and to minimize any possible staff misinterpretation of the code”. The Task Force members, who represent vacation rentals, agree the Special Review process should be utilized, with a Board of Trustees’ or Board of County Commissioners’ final approval. However, they feel the current Special Review process is too cumbersome and lengthy a process. 26 (9 Occupants and Above) 1 2 February 2016 Initial Joint Work Session 16 & 23 February 2016 Boards’ Approved Scope of Work 12 April 2016 Boards’ Final Selection of Task Force Members 27 April 2016 – 3 August 2016 Vacation Rental Task Force Meetings 30 August 2016 Joint Work Session 18 October 2016 Estes Valley Planning Commission (PH) 17 November 2016 Joint Boards’ Public Hearing 2 Next Steps 1.Provide Estes Park Community Development staff direction on whether to develop Code language. 2.Whether to move forward with public hearings: 18 October 2016 Estes Valley Planning Commission (PH) 17 November 2016 Joint Boards’ Public Hearing 3 Name of VR Representative Representing Art Blume Association of Responsible Development (ARD) Jane Livingston Estes Area Lodging Association Judy Anderson Estes Park Board of Realtors Bill van Horn Estes Park Economic Development Corp (EDC) Ed Peterson Estes Park Vacation Rentals Owners Association Rainer Schelp Property Management Representative Lindsey Lamson Visit Estes Park Fred R Mares Home Owner (in Town) Millicent Cozzie Home Owner (in Town) Richard (Dick) Spielman Home Owner (in Town) Resigned 19 July Home Owner (out of Town) Resigned 6 July Home Owner (out of Town) Resigned 3 August Home Owner (out of Town) Mick Scarpella Vacation Rental Owner (in Town) Linda Moak Vacation Rental Owner (out of Town) 4 The Process Of Reaching Recommendations During the Task Force process, the method of determining the recommendations from the Task Force was changed, from a “Informed Consent/Unified Decision” process to a voting (head count) process. This caused some delay and added one additional meeting on 3 August 2016 There were a total of eighteen (18) tasks discussed: Fifteen (15) of the tasks are being recommended with a unanimous decision, The Task Force could not reach a recommendation on two (2) of the tasks, One Task (Neighborhood Character) was determined to be an item the Board of Trustees and the Board of County Commissioners would need to determine during their final approval or denial of an application. 5 The Process Of Reaching Recommendations Throughout the process, a key issue of concern was the lack of enforcement of the current land use regulations and whether enforcement was going to continue to be an issue. Although Enforcement was not a task assigned to the Task Force, once the Task Force completed their assigned duties, they did discuss Enforcement of the land development code and addressed Building Code concerns. For the Building Codes, the Task Force recommends the Board of Trustees and Board of County Commissioners modify the Building Codes to be consistent in how vacation rentals, for those that have occupancy of 9 and above, are regulated. The Task Force appointed Ed Peterson to speak on their behalf regarding concerns related to current and future enforcement of the Land Development Code. Mr. Peterson will speak at the end of the joint work session.6 Recommendations It needs to be noted, an initial assumption in the timeline was the final determination on the amendments to the vacation rentals for 8/below and whether there would be a cap on the total number of vacation rentals in the Estes Valley Planning Area. 7 Recommendations Process For Establishing Occupancy Count o 2 occupants per bedroom + 2 additional occupants Traffic Limitations In Areas Adjacent To Vacation Rental o No additional traffic requirements Speed Limits In Areas Adjacent To Vacation Rental o No additional speed limit requirements Review of Assessor’s Records Vs Building Dept records o Process already is underway, no change needed Inspections To Be Conducted By Local Government, etc. o All normal Land Use, Building, Health, Fire, etc. to be utilized o Annual inspections are not required 8 Recommendation 1.Effective 01 July 2016, Grandfather existing 9/above, or capacity for 9/above, Vacation Rentals, only for VRs that are currently permitted as 8/below and have existing capacity for 9/above. 2.Within 30 days of the final adoption of 9/above VR regulations, all potential grandfathered 9/above VRs are to submit for license/permit. (verification of the use must be provided) Grandfathering Of 9/Above Vacation Rentals 9 Recommendation 3. Grandfather status for 9/above VR: a.Location on a lot of less than one (1) acre would be grandfathered b.Existing setback of less than 25 feet would be grandfathered c.Use as a grandfathered 9/above vacation rental is dependent on the number of bedrooms (2 occupants per bedroom + 2 additional occupants) d.Parking, Building, Health, Fire, etc. are not Grandfathered. Note: As of 01 July 2016, there were a total of 97 vacation rentals, which would potentially be considered under the Grandfather recommendation: 32 vacation rentals within the Town limits 65 vacation rentals within the unincorporated area of the Estes Valley Planning Area Grandfathering Of 9/Above Vacation Rentals (Continued) 10 Recommendation Location Requirements 1.Allowed in the same zoning districts as the 8/below are allowed 2.Minimum of 1 acre lot (smaller lots could be combined, utilizing the subdivision regulations, to create a 1 acre or larger lot) 3.Minimum of 25’ setbacks for all a yards or the zoning district setbacks, whichever is greater 11 Recommendation Parking Utilize the current language in the Estes Valley Land Development Code: 5.2.B.2.e.6 Limit on Number of Parked or Stored Vehicles, Not Including Recreational Equipment and Recreational Vehicles, on a Lot. (a) This Section applies to all vehicles that are not parked or stored in a fully enclosed garage. (b) As Accessory to Single-Family and Two-Family Principal Uses. No more than a total of four (4) vehicles shall be parked or stored on a lot of two (2) acres or less. No more than a total of five (5) vehicles shall be parked or stored on a lot greater than two (2) acres in size, but less than five (5) acres. No more than a total of six (6) vehicles shall be parked or stored on a lot equal to, or greater than five (5) acres, but less than ten (10) acres. No more than a total of eight (8) vehicles shall be parked or stored on a lot equal to, or greater than ten (10) acres. Note: A variance to the parking requirements would need to be added, to the VR application, to have more vehicles than listed above.12 Recommendation Renter Notification Requirements for Posting in the VR In the Task Force Report, pages 14 – 16, is the recommended list to be posted in the home of vacation rentals of 9 or more occupants. It is also recommended the same list be used for vacation rentals of 8 and below occupancy. 13 Recommendation Noise Requirements The current Town or County Noise, depending on whether the location is in or out of Town, would apply. No additional requirements limiting use or time of use, for outside activities, would be required. 14 Recommendation Minimum Age Limit for Counting an Individual as an Occupant All occupants, regardless of age, would be counted. This is due to health, safety, welfare concerns in case of fires, etc. 15 Recommendations Proof of Insurance No Proof of Insurance will be required. Insurance is the responsibility of the VR owner. Liability: Rental Agreements to Protect Liability of Neighbors No requirement for liability signoff by renters, for protection of adjacent property owners. The VR is subject to the same criteria as any other residential home is, within the area. (Note: the VR owner will include the statement that renters are not to trespass onto adjacent properties. This will be in the list of posted items.) 16 Recommendation Local Contact Requirements for Manager/Owner Recommended Language: “Local Contact. The permit shall designate a local resident or property manager of the Estes Valley who can be contacted by phone and is available twenty-four (24) hours per day, with regard to any violation of the provisions of this Section. The local resident or property manager shall respond to complaints within thirty (30) minutes.” Additionally, the Task Force would recommend this same language be used for vacation rentals that have 8/below occupants. 17 Recommendation Approval Process for 9/above Vacation Rentals (Current Special Review Process) 1. Initially utilize the current Special Review process. 2.Staff needs to develop a more streamlined (shorter) process, which results in an approval by the Board of Trustees, for applications within the Town and approval by the Board of County Commissioners for applications within the unincorporated area of the Estes Valley Planning Area. There was discussion about administrative approvals, however the Task Force “did not have confidence in the town board or staff, based on past experience with the Town Board’s actions”. The members of the Task Force, who own and live in their homes, strongly oppose any change to the current Special Review process, which would allow for a staff approval of such an application. The Task Force firmly believe “there is need for a public hearing to allow the elected officials to hear, first hand, the pros and cons of such a change, contemplate the impact to neighbors, and to minimize any possible staff misinterpretation of the code”. 18 Recommendation Number of Vacation Rentals in a Neighborhood No Recommendation The only motion made was to not have a limit on the number of vacation rentals, in a neighborhood. The TF recommendation was not approved with an equitable vote. Therefore, this is not a recommendation of the TF. A vote of 11-2 would be required to be considered equitable. Concerns were raised, by those not in favor of the motion, about the current lack of enforcement and that the character of the neighborhood would be changed if there was no restriction . 19 Recommendation Through the multiple motions and discussion, the highest maximum limit discussed was 20 occupants and the lowest maximum was 10. (See voting chart, page 24) The Task Force believes there should be a maximum occupancy but was not able to establish a specific occupation limit or establish criteria on how to establish the occupation limit. The reason for the no votes was: ∙The lack of enforcement of all the current code and ordinance requirements (not just the noise ordnance) ∙At what occupancy does a short term rental in a residential zone become an actual commercial lodging business; ∙At what occupancy is the use of a dwelling as a short term rental in conflict with residential zoning regulations/definitions; ∙What is the mechanism for preventing neighborhoods, or developments, of 2 and 3 bedroom homes from being purchased and converted to 9+ VRs by the addition of bedroom wings or second floors; NOTE: If the process for adoption is approved, a Special Use would be required ∙How many high occupancy (9+) vacation rentals could, or should, be allowed in close proximity before neighborhood character is detrimentally impacted or lost completely and the resultant residential area turned into a de facto accommodations zone? (Please note) It was to be further noted that all the Task Force members came together and have 100% consensus on the enforcement concern. Maximum Occupancy for 9/above Vacation Rentals 20 21 Next Steps 1.Provide Estes Park Community Development staff direction on whether to develop Code language. 2.Whether to move forward with public hearings: 18 October 2016 Estes Valley Planning Commission (PH) 17 November 2016 Joint Boards’ Public Hearing Code Enforcement Task Force Concerns and Recommendations Ed Peterson 22 27 August 25, 2016 Larimer County Board of County Commissioners Estes Park Town Board Vacation Rental Task Force c/o Estes Park Town Clerk To Task Force members, Board members and Commissioners: The Estes Area Lodging Association (EALA) has contracted with Ascent Planning Solutions to evaluate proposed Vacation Home regulations and provide comments to the Vacation Rental Task Force, the Estes Park Town Board and the Larimer County Board of County Commissioners. Ascent and EALA would like to thank the Task Force for their months of deliberative efforts to take on this difficult and largely debated social emergence. Vacation homes are a nationwide trend that the traveling public has embraced as a preferred alternative for multi-day visits and have become a necessity for destinations such as Estes Park that embrace a family brand. Ascent and EALA support the proposal to amend the Estes Valley Development Code regarding vacation homes. We believe vacation homes are a vital market force that cannot nor should not be eliminated or restricted. History has shown time and again that denying market forces and imposing prohibitions tend to drive that economy into a ‘black market’ instead of ending the behavior. This tends to incentivize illegal activities rather than eliminating the activities. Estes Park has been a vacation destination for over 150 years with vacation homes having a long-standing tradition throughout the Valley. Traditionally these have been ‘summer cabins’ occasionally rented or lent to friends and family. This traditional land use pattern has expanded in recent years due market forces such as population increase and introduction of internet marketing and social media. It is important to remember that vacation homes are by definition single-family dwellings. They are not hotels. They are not resorts. And they do not generate that intensity of use. When vacation homes are occupied for their 12-15 weeks a year they are typically occupied by families or small groups. The other times of occupancy are by the property owner. Owners invest in these dwellings as second homes for themselves and use them when possible throughout the year. These are their personal property and tend to be well-cared for. A recent EALA survey of vacation homes owners finds that 90% of vacation home owners would not rent their properties year-round. By making their home available for short-term rental property owners are able to generate some cost recovery without the burden and impact of a long-term renter. 28 By their nature second-homes tend to remain vacant for the majority of the year. This has both financial and social consequences. From a fiscal perspective vacation homes generate property and sales taxes but require minimal expenditure: they reduce impact on roads and other infrastructure and they do not send kids to school in Estes Park. In other words, they provide the revenue benefits of a commercial property but draw on fewer services than a typical residential property. This provides a net financial benefit to communities. Social impacts from short-term guests tend toward common human social activities and are largely confined to the summer months. This means for the majority of the year these dwellings have no impact on a neighborhood. The recent increase in vacation homes has led to a natural increase in conflicts between ‘locals’ and ‘others’. Because of the potential for conflicts, Ascent and EALA recommend adoption of pragmatic regulations that seek to minimize neighborhood impact through permitting, education and enforcement. These can be summarized as:  There should not be an artificial cap on the number of vacation homes. Economic forces will best determine a natural limit.  A yearly operating permit should be required. Regulations should allow for the denial or revocation of permits if the property owner demonstrates contempt for the neighborhood through repeated flagrant violations.  Enforcement of violations should be focused on the offending party, not the property owner.  Consider impact of building and fire codes on vacation homes. The Town of Estes Park and the Estes Valley are unique within Larimer County. Tourism is the primary economic driver and source of revenue. Vacation homes are an essential component in the modern lodging industry and necessary to attract overnight visitors to Estes Park. From the time William James opened the Elkhorn Lodge in 1873 to F.O. Stanley bringing electricity west of the Mississippi, Estes Park has long history of lodging our visitors. Considering the presence of Rocky Mountain National Park and the projected growth along the Front Range and throughout the inter- mountain west, we believe that tourism will remain Estes Park’s primary economic engine through the 21st Century regardless and accelerated social, environmental and technological changes. We thank you for your careful deliberation of this sensitive subject and hope you find the community wide benefits of vacation homes outweigh specific seasonal nuisances. Respectfully, David W. Shirk David W. Shirk, MUP, AICP Principal, Ascent Planning Solutions 29 City Trustees -- My family has owned the home at 1315 Devils Gulch outside of Estes Park for over 40 years. It has been an blissful sanctuary for us for decades, enjoyed by multiple generations. In the recent past, we have been tremendously dismayed by the amount of activity and traffic at the 'home' across the street from us -- 1380 Devils Gulch. We were horrified to recently learn from neighbors that the 1380 property is being considered by you for an 'event center'. (Please note -- since sending this email initially on or about 7/27, I have learned that the property is applying for VRBO status, not that of an event center. It is my understanding that as of this writing -- 8/3/16 -- that application is "on hold" by the Town Clerk's office. PF) Please do not approve the process for this nightmare to occur! The noise (LOUD music at all hours), the traffic (causing congestion on the road, at the gate, at the blind corner), the lack of respect for wildlife (ATV's harassing deer and elk), the illegalities (we have only witnessed fireworks -- I hate to think what else may be occurring) have ruined our decades-long sense of quiet, calm, privacy and solitude. Historically this area has been appreciated by the families living there in single family homes. When we purchased our house in the 70's, my folks carefully examined the legal ownerships of properties near us, appreciating the 'location, location, location' approach for such a major decision. There was of course absolutely no HINT that an 'event center' would ever be approved so nearby. Please respect our right to continue to enjoy the appropriate level of occupancy in a really unique corner of the area, and deny any and all requests to utilize 1380 as an event center. Thank you in advance. Patti Freudenburg pfreudenburg@gmail.com 719.510.5301   30 31 32 33 34 35 36 37 38