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HomeMy WebLinkAboutPACKET Estes Park Planning Commission 2021-05-18PLANNING COMMISSION – TOWN OF ESTES PARK TO BE HELD VIRTUALLY Tuesday, May 18, 2021 1:30 p.m. Estes Park, CO 80517 The Estes Park Board Planning Commission will participate in the meeting remotely due to the Declaration of Emergency signed by Town Administrator Machalek on March 19, 2020, related to COVID-19 and provided for with the adoption of Ordinance 04-20 on March 18, 2020. Procedures for quasi-judicial virtual public hearings are established through Emergency Rule 06-20 signed by Town Administrator Machalek on May 8, 2020, and outlined below. Please click the link below to join the webinar: https://zoom.us/j/93771272278 Or Join by Telephone: 1.Dial US: +1 833-548-0276 (toll free) 2.Enter Webinar ID: 937 7127 2278 followed by # The meeting will also be live-streamed on the Town’s Youtube Channel and recorded and posted to YouTube and www.estes.org/videos within 48 hours. Public Comment When the moderator opens up the public comment period for an agenda item, attendees wishing to speak shall: 1. Click the “Raise Hand” button, if joining online on the Zoom client, or 2. Press *9 and follow the prompts if joining by telephone. 3. If you are watching live on YouTube, please call the number listed above, and mute your computer audio for the duration of your remarks. Once you are announced, please state your name and address for the record. To participate online via Zoom, you must: •Have an internet-enabled smartphone, laptop or computer. •Using earphones with a microphone will significantly improve your audio experience. The Town of Estes Park will make reasonable accommodations for access to Town services, programs, and activities and special communication arrangements for persons with disabilities. Please call (970) 577-4777. TDD available. Prepared May 12, 2021 1 NOTE: The Planning Commission reserves the right to consider other appropriate items not available at the time the agenda was prepared. AGENDA PLANNING COMMISSION – TOWN OF ESTES PARK Tuesday, May 18, 2021 1:30 p.m. 1. AGENDA APPROVAL 2. PUBLIC COMMENT. (Please state your name and address). 3. CONSENT AGENDA: 1. Planning Commission Minutes dated April 20, 2021 4. ACTION ITEMS: 1. CODE AMENDMENT Vacation Home Removal from Development Code Town Clerk Williamson Town Attorney Kramer 5. DISCUSSION ITEMS: 1. DOWNTOWN BUILDING HEIGHT Ayres Associates 2. COMPREHENSIVE PLAN Director Hunt 3. REPORTS 6. ADJOURN Prepared 05/12/2021 2 3 1 Town of Estes Park, Larimer County, Colorado, April 20, 2021 Minutes of a Regular meeting of the ESTES PARK PLANNING COMMISSION of the Town of Estes Park, Larimer County, Colorado. Meeting held VIRTUALLY in said Town of Estes Park on the 20 day of April 2021. Committee: Chair Matt Comstock, Vice-Chair Matthew Heiser, Commissioners Joe Elkins, Howard Hanson, Janene Centurione. Attending: Chair Comstock, Vice Chair Heiser, Commissioner Centurione, Commissioner Hanson, Director Randy Hunt, Senior Planner Jeff Woeber, Planner II Alex Bergeron, Planning Technician Charlie Rugaber, Recording Secretary Karin Swanlund, Town Attorney Dan Kramer, Town Board Liaison Barbara MacAlpine Absent: Commissioner Elkins Chair Comstock called the meeting to order at 1:30 p.m. Also attending were Matt Ashby and Mike Scholl, Ayres Associates consultants and Jeffrey Boring, Director of the Estes Valley Land Trust. New Commissioner Janene Centurione was introduced and welcomed to the Planning Commission. She is taking the place of Steve Murphree, who resigned in January. AGENDA APPROVAL It was moved and seconded (Heiser/Hanson) to approve the agenda. The motion passed 4-0. PUBLIC COMMENT. None CONSENT AGENDA APPROVAL It was moved and seconded (Hanson/Heiser) to approve the consent agenda. The motion passed 4-0. LARGE VACATION HOME REVIEW Director Hunt reviewed the staff report for 925 Elk Ridge Court. The applicant has only recently purchased the property. The previous owners seemingly were satisfied with the 8-and-under limits for a standard Vacation Home (VH). The property does have four bedrooms. Per Code (Secs 5.1.B.2.a and 5.1.B.2.b), occupancy of a Vacation Home is limited to two persons per bedroom plus two additional, all within the overall limitation ofdraft 4 2 8 persons for a standard VH or more than 8 for a Large Vacation Home (LVH). In the proposed case here, the four bedrooms would allow a maximum of 10 occupants at a time. According to the Larimer County Assessor's records, the subject parcel is less than one acre, measuring only 0.45 acres. Staff judges that the screening and buffering, in this case, are adequate. Since the request is in accord with all other Code requirements for an LVH, and since the single substandard element – lot size – has compensatory elements that meet the qualifications for a smaller lot in Code, staff recommends approval of this LVH request. Discussion: In answer to Chair Comstock, Hunt responded that one-acre-lot houses are more centered and separated from the neighbors, thus the code requirement. If the property were an acre, it would have been a consent agenda item, not an action item. Commissioner Hanson asked what the process was when a Vacation home adds a bedroom. Hunt answered that it would need to go through another Planning Commission meeting approval if that were to happen. Vice-Chair Heiser noted that approving this would be increasing the use of an already non-conforming property. Attorney Kramer stated that the interpretation rests with the Community Development Director, and the Commission can make their recommendation based on that. Kramer added that extending a non-conforming use does not apply to a non-conforming lot. This process is not a public hearing process; therefore, no neighbor notifications were sent. Applicant Response: Lowell Richardson, property manager, stated that there have been no compliance issues. The home is a four-bedroom house, which is the reason for asking for additional occupancy. Maintaining the integrity of the neighborhood will not be a problem. Owners Dana Parcher and Nathan Warner thanked the Commission for reviewing the application and stated they are excited to allow the property to meet its capacity. They are confident that parking and noise will not be an issue. It was moved and seconded (Heiser/Hanson) to deny the Large Vacation Home application for 925 Elk Ridge Court finding that adequate buffering and screening to adjacent properties has not been demonstrated for a Large Vacation Home use on less than one acre. The motion to deny the request passed 4-0. OTHER: Jeffrey Boring, Estes Valley Land Trust (EVLT), discussed the Estes Valley Open Space Plan. The EVLT led a community planning effort to identify the highest remaining conservation and recreation priorities located near Estes Park, Colorado. The Estes Valley Land Trust will use the Plan to pursue conservation easements with willing landowners. The EVLT has conserved nearly 10,000 acres in over 30 years. The primary goal of this Plan is to increase the pace of conservation and save another 5,000 acres in the next decade. The EVLT would like the see the Town of Estes adopt this draft5 3 Plan in the future, preferably in the new Comp Plan. Director Hunt agreed that now is a good time for adoption. Commissioner Centurioine stated that this should be a foundational document, not a guiding document. Boring noted that when presented to the Larimer County Planning Advisory Group, this Plan was well received and endorsed. The Plan was also presented to the Larimer County Commissioners in December. Ayres Associates consultants Matt Ashby and Mike Scholl continued sharing their findings regarding Downtown Building Height Limits. A new, revised PowerPoint presentation was given, taking into account the conversations and ideas from the March 2021 meeting. Discussion on what the "right height" is and how many stories were the central points of conversation. Director Hunt gave an update on the Comprehensive Plan rewrite. The contract with Logan Simpson was approved at the Town Board meeting on April 13. There have been 25 applicants for the committee. Interviews will begin later this week. There being no further business, Chair Comstock adjourned the meeting at 4:35 p.m. Matt Comstock, Chair Karin Swanlund, Recording Secretary draft6 7 TOWN CLERK OFFICE MEMO To: Chair Matt Comstock Planning Commissioners From: Jackie Williamson, Town Clerk Date: May 18, 2021 RE: Amend the Estes Park Development Code Section 5.1 (Vacation Homes & Bed & Breakfasts) Regulations from the Development Code. Objective: To amend the Estes Park Development Code in conjunction with the Estes Park Municipal Code to move vacation home and bed & breakfast regulations and procedures to the Municipal Code. Present Situation: Vacation home regulations were moved from the Municipal Code to the Development Code in 2010 in order to incorporated homes located in the Estes Valley. Additional regulations were adopted in December 2016 and have been modified over the years. With the expiration of the land use IGA between the Town and Larimer County in February 2020, the regulation of vacation homes in the unincorporated area of the valley was turned over to the county on April 1, 2020. This change, along with the fact the Town Clerk’s office manages the registration and licensing of all vacation homes and bed & breakfasts within town limits, provides the Town with an opportunity to consolidate the regulations in the Municipal Code. Proposal: The proposed amendments to Section 5.1.B and 5.1.U will move current regulatory language from the Development Code to the Municipal Code, clean up obsolete language, and identify the Town Clerk’s office as the office in charge of all regulations and licensing. The Municipal Code amendments will also address enforcement guidelines and provide proposed changes to the timeline for vacation home and bed & breakfast properties to complete the life safety survey prior to issuance of a registration to operate. These changes were reviewed by the Town Board at their April 27, 2021 study session and staff received support for the proposed changes. Advantages: • To consolidate the regulations for vacation homes and bed & breakfast in the Municipal Code. • To address obsolete regulatory language with the Municipal Code amendments. 8 • To move the enforcement of vacation homes and bed & breakfast regulations to the Municipal Code and adopt actionable enforcement. Disadvantages: • The regulations would remain in the Development Code with obsolete language. • Enforcement would remain in the Development Code. Action Recommend: Recommend approval of the Estes Park Development Code amendments as presented to the Town Board for final adoption. Finance/Resource Impact: Cost to codify the amended Development and Municipal Codes. Level of Public Interest Medium. Vacation homeowners, property managers, and neighboring properties have a strong interest in amendments to the regulations and any changes to enforcement. Sample Motion: APPROVAL I move to recommend that the Estes Park Town Board of Trustees APPROVE the text amendment to the Estes Park Development Code as presented in Exhibit A & Exhibit B. DENIAL I move to recommend that the Estes Park Town Board of Trustees DENY the text amendment to the Estes Park Development Code as presented in Exhibit A & Exhibit B, finding that . . . ( state reasons for denial). Attachments: Exhibit A – Section 5.1.B Amendments (Redline and Clean) Exhibit B – Section 5.1.U Amendments (Redline and Clean) VHR Presentation 9 Exhibit A – 5.1.B Vacation Home Redline  § 5.1 ‐ SPECIFIC USE STANDARDS   This Section contains regulations that apply to specific uses or classes of uses. B. Vacation Home. 1. All vacation homes shall be subject to the following: a. Annual Operating Registration. (1) All vacation homes shall obtain an operating registration on an annual basis, according to an application period as specified in this Code. An operating registration shall be effective on and following the date of issuance for all of the remaining calendar year in which it is issued, unless suspended or revoked for cause, provided that registered vacation homes may continue operation during January 1 and March 31 of any calendar year following a year in which the vacation home was duly registered. (2) If the property is located within Town limits, the business license shall be considered the operating registration. If the property is within the unincorporated Estes Valley, an operating registration shall be obtained from the Town of Estes Park Town Clerk's Office. The property owner of record at the time of application shall sign any application for a vacation home registration. (3) Registration applications shall be completed within ninety (90) days from issuance of the packet from the Community Development Department. Registrations not completed within ninety (90) days will be voided and are subject to reapplication by the property owner. New applications for vacation homes in residential zoning districts shall be placed on the wait list if the cap is full. (4) Pro-ration and partial reduction in any required registration fees for an operating registration issued after January 1 in any given year shall not be authorized. (5) No more than one (1) operating registration shall be issued and effective in any given calendar year for each vacation home. An active registration for a specific vacation home shall be transferable to a different owner in accordance with procedures in this Code and as established by the Town Clerk's Office. A registration assigned to a vacation home shall not be transferred to another vacation home of the same or different ownership. (6) Effective December 16, 2016, vacation home operating registrations in residential zoning districts (designated herein as zoning districts E, E-1, R, R-1, R-2, RE, RE-1, and RM) shall be held at a maximum total ("cap") of 588 registrations in effect at any given time. This cap shall be reviewed annually by the Planning Commission and governing Boards, in or near the month of April. Applications received at any time such that their approval would cause the cap to be exceeded shall be held and kept on file in the order they are received and deemed complete by the Town Clerk's Office. Registrations held on such list shall be issued during the calendar year as operating registrations may become available. (Ord. 03-20 §2) (6.1) Effective at the end of the business day as determined by the Town Clerk, April 1, 2020: (i) The number of the cap shall be reset to the number of registrations in effect at such time within the Town limits. The number shall include registrations within the Town limits that have been accepted off the waitlist due to availability within the preexisting cap, even if further information, inspection, or other confirmation is necessary before the registration becomes complete and effective as an operating registration. (ii) The cap shall no longer apply to registrations not within the Town limits. Management of registrations outside the Town limits, including registrations in effect and those held on the 10 waitlist, shall no longer be the responsibility of the Town, and the Town Clerk shall transmit the information regarding such applications to Larimer County. (iii) Henceforth the waitlist as managed by the Town shall only include those registration applications for properties within the Town limits. (iv) The Town Clerk shall communicate the re-established cap number to the Board. (Ord. 03-20 §2) (7) Vacation homes in non-residential zoning districts (designated as all zoning districts except those enumerated in the preceding subsection) shall not be included in or subject to this cap. (8) Beginning December 16, 2016, every vacation home for which an operating application is made shall require that the vacation home undergo and pass an initial inspection in accordance with this Code prior to issuance of the operating registration. (9) [Reserved] (10) Issuance of an operating registration for a vacation home shall not constitute a zoning entitlement for a property's use as a vacation home, nor shall absence of an operating registration for a vacation home constitute removal or abrogation of a property's zoning permissibility for use as a vacation home. However, both appropriate zoning permission and compliance and a valid current operating registrationbusiness license shall be necessary elements in order for operation as a vacation home to occur. (11) Operating registrations that are deemed active as of December 31 in any given year shall have priority for renewal in the following calendar year over any new operating registration applications, provided a renewal for said active registration is received and deemed complete, all required inspections passed, and fees paid by March 31 of the renewal calendar year. (12) Local Representative. The registration shall designate a local resident or local property manager residing in either the Estes Valley Recreation and Park District boundary or the Estes Park School District R-3 boundary, who can be contacted by telephone and is available when the vacation home is rented, regarding any violation of the provisions of this Section. The person set forth on the application shall be the representative of the owner for immediate violation resolution purposes with regard to the operation of the vacation home. The local representative may be the same person as the property owner. An annual operating registration shall not be valid unless the property owner, and the designated local representative (if different), sign the operating registration application acknowledging all vacation home regulations. If the local representative changes during the calendar year, it shall be the responsibility of the property owner to notify the Town Clerk within fifteen (15) days of change, and to ensure the new local representative is knowledgeable of all vacation home regulations. (13) If the property owner changes during the calendar year, it shall be the responsibility of the new property owner of record to transfer the operating registration into his/her name within fifteen (15) days of transfer of ownership, and to ensure all other regulations in this Section are in compliance. (14) State Sales Tax License. A condition of issuance of the annual operating registration shall be proof of a current sales tax license, provided by the applicant. (15) Violations. The relevant Decision-Making Entity may deny or withhold the renewal of an annual operating registration until a violation related to such property, use or development is corrected, in accordance with §12.4.A.1. The relevant Decision-Making Entity may revoke or suspend the annual operating registration at any time in accordance with §12.4.A.2. Operating the vacation home during any such period of suspension or revocation shall be a violation of this Code. Appeals to this section shall be made in accordance with the appeals process in the Estes Valley Development Code. 11 (16) Nothing described herein shall limit the Town or County, within their respective jurisdictions, from exercising other remedies and enforcement powers pursuant to Chapter 12 of this Code or other penalties and enforcement powers as may be available at law. b. Estes Park Municipal Code. Properties located within the Town of Estes Park shall comply with all the conditions and requirements set forth in the Town of Estes Park Municipal Code, Chapter 5.20 (Business Licenses). In case of conflict between Chapter 5.20 and provisions of §5.1.B of this Code, the provisions of §5.1.B of this Code shall control. c. Residential Character in Residential Zoning Districts. Vacation homes in residential zoning districts as designated in this Section shall not be designed or operated in a manner that is out of character with residential use of a dwelling unit by one (1) household. This includes, but is not limited to, the following: (1) Design shall be compatible, in terms of building scale, mass and character, with low-intensity, low-scale residential use. (2) For purposes of §5.1.B of this Code, "bedroom" and "sleeping room" are deemed equivalent terms to each other, and equivalent to a sleeping space pursuant to the currently adopted and applicable International Building Codes. Kitchen facilities shall be limited to be consistent with single-family residential use. No kitchen facilities or cooking shall be allowed in guest rooms, sleeping rooms or bedrooms. d. Postings. (1) Vacation homes in all zoning districts shall have a clearly legible notice posted on- site. The posted notice shall be provided by the Town Clerk's Office at the time the operating-registration is initially applied for, shall be posted in a prominent location inside the vacation home prior to or during the initial inspection, and shall remain posted in the same location for the duration of its use as a vacation home. The posted notice shall include standard contents as determined and approved by the Community Development Department. (2) Property Line Boundaries: The property owner or local representative shall inform all occupants of property boundaries. (3) Property owner or local representative shall include in all print or online advertising the operating registration number in the first line of the property description. (4) Advertising shall accurately represent the allowed use of the property, including the maximum number of allowed occupants. (5) Neighbor Notification. Prior to issuance of the initial annual operating registration, the owner or local contact shall be responsible for mailing a written notice. (a) Notice shall be mailed, with certificate of mailing or other method as approved by staff, to the owners of properties within one hundred (100) feet of the boundary of the subject property. (b) Notices shall provide property address and 24/7 hotline phone number. (c) Proof of mailing shall be provided to the Community Development Director upon issuance of initial annual operating registration. e. Parking. (1) Minimum Required Off-Street Parking. Except in the CD Downtown Commercial zoning district, the number of off-street parking spaces available to a vacation home shall not be less than two (2). (2) Maximum Off-Street Parking — Residential Zoning Districts. This Section applies to all vehicles that are not parked or stored in a fully enclosed garage. The maximum number of vehicles parked off-street on the vacation home property shall not exceed the number of bedrooms in the vacation home. 12 (3) Maximum Off-Street Parking — Nonresidential Zoning Districts. Maximum parking for vacation homes in nonresidential zoning districts shall be regulated according to the parking standards applicable to "Hotel, small." f. Employee Housing Units. Employee housing units as designated in §5.2.C.2 shall not be designated as vacation homes as defined and regulated herein. g. Attainable Housing Units. Attainable housing units as designated in §11.4 shall not be designated as vacation homes as defined and regulated herein. h. Accessory Dwelling Units. Vacation homes shall not be allowed on residential lots of record containing an accessory dwelling unit as defined and regulated herein. i. Density. Only one (1) vacation home shall be allowed per residential dwelling unit. One (1) or more vacation homes may be allowed on an individual lot of record, subject to all regulations in this Code and other regulations as may be applicable. 2. All vacation homes shall also be subject to the following: a. Maximum Occupancy in Residential Zoning Districts: 8-and-Under occupants. Except for 9-and- over vacation homes that may be approved and registered under the provisions of this Code via Large Vacation Home Review (LVHR) application, the maximum allowable occupancy for an individual vacation home shall be eight (8) occupants. Occupancy shall be further limited to a maximum of two (2) individuals per sleeping room plus two (2) individuals per vacation home. b. Maximum Occupancy in Residential Zoning Districts: 9-and-Over occupants. A residential structure with four (4) or more sleeping rooms may apply for Large Vacation Home Review (LVHR) approval as a "9-and-over vacation home", in accordance with the regulations in §5.1.B.3. The maximum occupancy in a 9-and-over vacation home shall be as specified in the LVHR terms of approval; provided that occupancy shall be limited to a maximum of two (2) individuals per sleeping room plus two (2) individuals per vacation home. c. Maximum Occupancy in Non-Residential Zoning Districts. Occupancy shall be limited to a maximum of two (2) individuals per sleeping room plus two (2) individuals per vacation home. No overall maximum occupancy for a vacation home in a non-residential zoning district shall be applicable, provided that the vacation home is deemed to be in compliance with all Building, Fire, and Health Codes and that a valid operating registration is issued. d. For purposes of this Code section, occupancy shall not be counted differentially on the basis of age or status. Residential Character in Residential Zoning Districts. Vacation homes in residential zoning districts shall not be designed or operated in a manner that is out of character with residential use of a dwelling unit by one (1) household. Design shall be compatible, in terms of building scale, mass and character, with low-intensity, low-scale residential use. e. Number of Parties: Vacation homes in residential zone districts as those districts are defined herein shall be rented, leased or furnished to no more than one (1) party, occupying the vacation home as a single group. Owners of the vacation home shall not be allowed to occupy the vacation home while a party is present. All occupants shall be registered by name on or before the time of the party's initial occupancy. The name registry shall be maintained by the property owner or manager, and shall be made available to the appropriate regulatory entity(s) upon the regulatory entity's request. f. Home Occupations. Home occupations shall not be operated on the site of a vacation home, nor shall vacation homes offer ancillary services to guests. g. Vacation homes shall be required to meet applicable Building, Health and Fire codes. h. Except as specifically provided for elsewhere in this Code, general development standards 3. Except as specifically provided for elsewhere in this Code, general development standards (Chapter 7) as required by the underlying zoning district shall be applicable to vacation homes. In residential zoning districts, development standards shall be those for single-family detached 13 dwellings in the zoning district. In non-residential zoning districts, development standards shall be those for "hotel, small" in the zoning district. i. Vacation homes, whether new or existing structures, shall be subject to the requirements of §7.9 (Exterior Lighting) for new development. j. Vacation homes shall be subject to the requirements of the Wildlife Protection Ordinances of their respective jurisdictions, and shall have wildlife resistant containers or enclosures provided for disposal of refuse. [For property in the Town see Chapter 7.20 Wildlife Protection for the Town of Estes Park Municipal Code. For property in unincorporated Larimer County see Sections 30-261-277 Wildlife Protection through Refuse Disposal of the Code of Larimer County Colorado.] k. Vacation homes shall be subject to the requirements of the Sign Code of their respective jurisdictions, and shall obtain sign permits as required. [For property in the Town see Chapter 17.66 Signs of the Town of Estes Park Municipal Code. For property in unincorporated Larimer County see Section 10.2 General Sign Regulations of the Code of Larimer County Colorado.] l. Issuance of the operating registration by the Town shall have no fixed deadline; however, the Town shall make all reasonable effort to issue operating registration approvals in an orderly and expeditious manner, as may be determined by the Town. 4.3. Large Vacation Home Review (LVHR) for 9-and-Over Vacation Homes in Residential Zoning Districts. a. The owner of record of a vacation home in a residential zoning district that has filed a complete application for an 8-and-under vacation home operating registration on or before March 31, 2017, may make application for Large Vacation Home Review (LVHR) under the procedures of this Section and Code to allow nine (9) or more individuals to occupy the vacation home, provided that: (1) The vacation home for which Large Vacation Home Review application is made has four (4) or more sleeping rooms; and (2) The vacation home is in compliance with all applicable Building, Health, and Fire Codes, or is brought into compliance with said Codes by deadline dates as specified in accordance with the Codes. b. The Large Vacation Home Review application shall be reviewed and may be approved by motion and affirmative vote of the Planning Commission. The Planning Commission's decision shall be final, except that an appeal by a party in interest of the Planning Commission's decision may be made to the Town of Estes Park Board of Trustees or the Board of Larimer County Commissioners, whichever has jurisdiction. c. Large Vacation Home Review for a 9-and-over vacation home shall comply with the following policies and procedures: (1) The procedure for application, review, and approval shall comply with the "Procedure Checklist for Large Vacation Home Review: 9-and-Over Vacation Homes", promulgated and maintained by the Community Development Department; (2) The required "Vacation Home Safety Inspection Report" and "Vacation Home Location Inspection Report" shall be provided to the Planning Commission prior to any Planning Commission approval of a Large Vacation Home Review; (3) The minimum lot size for a 9-and-over vacation home shall be one (1) acre, unless the Planning Commission makes a specific finding that the vacation home has demonstrated adequate buffering or screening from adjacent and nearby properties, such that a lot size of less than one (1) acre is commensurate with Large Vacation Home use. Appropriate alternative standards for demonstrating adequate buffering or screening shall include, but not be limited to: orientation of the Large Vacation Home 14 on the property away from nearby residential structures, linear separation from other residential structures, separation from other structures by an intervening right-of-way, topographic features such as rock formations or grade differences, and mature vegetation or fencing; (4) The minimum front, side, and rear setback from any lot boundary shall be twenty-five (25) feet or the setback under the zoning district, whichever is greater, unless the Planning Commission makes a specific finding that the vacation home has demonstrated adequate buffering or screening from adjacent and nearby properties, such that a setback of less than twenty-five (25) feet or less than the setback under the zoning district, whichever may be applicable, is commensurate with Large Vacation Home use. Appropriate alternative standards for demonstrating adequate buffering or screening shall include, but not be limited to: orientation of the Large Vacation Home on the property away from nearby residential structures, linear separation from other residential structures, separation from other structures by an intervening right-of-way, topographic features such as rock formations or grade differences, and mature vegetation or fencing; (5) An approved Large Vacation Home shall in no case be occupied by more than two (2) occupants per bedroom plus two (2) additional occupants. d. Denial of a Large Vacation Home Review zoning permission for use as a 9-and-over vacation home shall not void an existing operating license for an 8-and-under vacation home, nor shall such denial in itself void zoning permissibility for use as an 8-and-under vacation home; provided that 8-and-under vacation home zoning requirements in this Code and other applicable regulations remain applicable. e. Zoning approval of a Large Vacation Home does not obviate the need for the property owner to maintain an active annual operating registration (business license) pursuant to chapter 5.20 of the municipal code in order to operate the property as a vacation home. 4. Inspections. a. Inspections of all vacation homes per the requirements of this Code shall be completed prior to initial approval of any operating registration. b. [Reserved] c. Inspection after a violation is cured or after a change in ownership shall be required at the discretion of the Community Development Director. d. Inspections shall be completed by the Department in accordance with the applicable inspection checklist as promulgated and maintained by the Community Development Department. 15 Exhibit A – 5.1.B Vacation Homes Clean  § 5.1 ‐ SPECIFIC USE STANDARDS   This Section contains regulations that apply to specific uses or classes of uses. B. Vacation Home. 1. Issuance of an operating registration for a vacation home shall not constitute a zoning entitlement for a property's use as a vacation home, nor shall absence of an operating registration for a vacation home constitute removal or abrogation of a property's zoning permissibility for use as a vacation home. However, both appropriate zoning permission and compliance and a valid current business license shall be necessary elements in order for operation as a vacation home to occur. 2. Residential Character in Residential Zoning Districts. Vacation homes in residential zoning districts shall not be designed or operated in a manner that is out of character with residential use of a dwelling unit by one (1) household. Design shall be compatible, in terms of building scale, mass and character, with low-intensity, low-scale residential use. 3. Except as specifically provided for elsewhere in this Code, general development standards (Chapter 7) as required by the underlying zoning district shall be applicable to vacation homes. In residential zoning districts, development standards shall be those for single-family detached dwellings in the zoning district. In non-residential zoning districts, development standards shall be those for "hotel, small" in the zoning district. 4. Large Vacation Home Review (LVHR) for 9-and-Over Vacation Homes in Residential Zoning Districts. a. The owner of record of a vacation home in a residential zoning district that has filed a complete application for an 8-and-under vacation home operating registration on or before March 31, 2017, may make application for Large Vacation Home Review (LVHR) under the procedures of this Section and Code to allow nine (9) or more individuals to occupy the vacation home, provided that: (1) The vacation home for which Large Vacation Home Review application is made has four (4) or more sleeping rooms; and (2) The vacation home is in compliance with all applicable Building, Health, and Fire Codes, or is brought into compliance with said Codes by deadline dates as specified in accordance with the Codes. b. The Large Vacation Home Review application shall be reviewed and may be approved by motion and affirmative vote of the Planning Commission. The Planning Commission's decision shall be final, except that an appeal by a party in interest of the Planning Commission's decision may be made to the Town of Estes Park Board of Trustees. c. Large Vacation Home Review for a 9-and-over vacation home shall comply with the following policies and procedures: (1) The procedure for application, review, and approval shall comply with the "Procedure Checklist for Large Vacation Home Review: 9-and-Over Vacation Homes", promulgated and maintained by the Community Development Department; (2) The required "Vacation Home Safety Inspection Report" and "Vacation Home Location Inspection Report" shall be provided to the Planning Commission prior to any Planning Commission approval of a Large Vacation Home Review; (3) The minimum lot size for a 9-and-over vacation home shall be one (1) acre, unless the Planning Commission makes a specific finding that the vacation home has demonstrated adequate buffering or screening from adjacent and nearby properties, 16 such that a lot size of less than one (1) acre is commensurate with Large Vacation Home use. Appropriate alternative standards for demonstrating adequate buffering or screening shall include, but not be limited to: orientation of the Large Vacation Home on the property away from nearby residential structures, linear separation from other residential structures, separation from other structures by an intervening right-of-way, topographic features such as rock formations or grade differences, and mature vegetation or fencing; (4) The minimum front, side, and rear setback from any lot boundary shall be twenty-five (25) feet or the setback under the zoning district, whichever is greater, unless the Planning Commission makes a specific finding that the vacation home has demonstrated adequate buffering or screening from adjacent and nearby properties, such that a setback of less than twenty-five (25) feet or less than the setback under the zoning district, whichever may be applicable, is commensurate with Large Vacation Home use. Appropriate alternative standards for demonstrating adequate buffering or screening shall include, but not be limited to: orientation of the Large Vacation Home on the property away from nearby residential structures, linear separation from other residential structures, separation from other structures by an intervening right-of-way, topographic features such as rock formations or grade differences, and mature vegetation or fencing; (5) An approved Large Vacation Home shall in no case be occupied by more than two (2) occupants per bedroom plus two (2) additional occupants. d. Denial of a Large Vacation Home Review zoning permission for use as a 9-and-over vacation home shall not void an existing license for an 8-and-under vacation home, nor shall such denial in itself void zoning permissibility for use as an 8-and-under vacation home; provided that 8-and-under vacation home zoning requirements in this Code and other applicable regulations remain applicable. e. Zoning approval of a Large Vacation Home does not obviate the need for the property owner to maintain an active annual operating registration (business license) pursuant to chapter 5.20 of the municipal code in order to operate the property as a vacation home. 17 EXHIBIT B – 5.1.U Bed & Breakfast U. Bed and Breakfast Inn. 1. Issuance of an operating registration for a bed and breakfast inn shall not constitute a zoning entitlement for a property's use as a bed and breakfast inn, nor shall absence of an operating registration for a bed and breakfast inn constitute removal or abrogation of a property's zoning permissibility for use as a bed and breakfast inn. However, both appropriate zoning permission and compliance and a valid current business license shall be necessary elements in order for operation as a bed and breakfast inn to occur. All bed and breakfast inns shall be subject to the following: a. Annual Operating Business RegistrationLicense. (1) All bed and breakfast inns shall obtain an operating registrationBusiness License on an annual basis. An annual operating registrationbusiness license shall be effective on and following the date of issuance for all of the remaining calendar year in which it is issued, unless suspended or revoked for cause, provided that registered licensed bed and breakfast inns may continue operation during January 1 and March January 31 of any calendar year following a year in which the bed and breakfast inn was duly registeredlicensed. Registration License applications shall be completed within ninety (90) days from issuance of the packet from the Community Development DepartmentTown. Registrations Licenses not completed within ninety (90) days shall be voided and a new application shall be made by the property owner. (2) If the property is located within Town limits, the business license shall be considered the permit. If the property is within the unincorporated Estes Valley, a permit shall be obtained from the Town of Estes Park Town Clerk's office. The property owner of record at the time of application shall sign any application for bed and breakfast inn registrationlicense. (3) No more than one (1) operating registrationbusiness license shall be issued and effective in any given calendar year for a bed and breakfast inn. An active operating registrationbusiness license for a specific bed and breakfast inn shall be transferable to a different owner in accordance with procedures in this Code and as established by the Town Clerk's office. (4) Every bed and breakfast inn for which an operating registrationa business license application is made shall require that the bed and breakfast inn undergo and pass an initial inspection in accordance with this Code prior to issuance of the operating permitbusiness license. (5) Issuance of an operating registrationa business license for a bed and breakfast inn shall not constitute a zoning entitlement for a property's use as a bed and breakfast inn, nor shall absence of an operating registrationa business license for a bed and breakfast inn constitute removal or abrogation of a property's zoning permissibility for use as a bed and breakfast inn. However, both appropriate zoning permission, special review approval, and compliance and a valid current operating permitbusiness licnese shall be necessary elements in order for operation as a bed and breakfast inn to occur. (6) The registration license shall designate the resident owner or on-site manager residing on the premises who can be contacted and is on the property twenty-four (24) hours per day when the bed and breakfast is in operation, regarding any violation of the provisions of this Section. The person set forth on the application shall be the representative of the owner for immediate violation resolution purposes with regard to the bed and breakfast inn. An annual operating registrationbusiness license shall not be valid unless the resident owner and on-site manager employed by the owner (if different), sign the operating registrationbusiness license application acknowledging all bed and breakfast inn regulations. If the resident owner or on-site manager changes during the calendar year, it shall be the responsibility of the property owner to notify the Town Clerk within fifteen (15) days of change, and to ensure the on-site manager is knowledgeable of all bed and breakfast inn regulations. If the property owner of record changes during the calendar year, it shall be the responsibility of the new property owner of record to transfer the operating registrationbusiness license into his/her name within fifteen (15) days of transfer of ownership, and to ensure all other regulations in this Section are in compliance. 18 (7) State Sales Tax License. A condition of issuance of the annual operating permitbusiness license shall be proof of a current sales tax license. (8) Violations. The relevant Decision-Making Entity may deny or withhold the renewal of an operating registrationbusiness license until a violation related to such property, use or development is corrected, in accordance with §12.4.A.1. The relevant Decision-Making Entity may revoke or suspend the operating permitbusiness license at any time in accordance with §12.4.A.2. Operating the bed and breakfast inn during any such period of suspension or revocation shall be a violation of this Code. Appeal to this section shall be made in accordance with the appeals process in the Estes Valley Park Development Code. (9) Nothing described herein shall limit the Town or County, within their its respective jurisdictions, from exercising other remedies and enforcement powers pursuant to Chapter 12 of this Code or other penalties and enforcement powers as may be available at law. 2. (10) The owner of the bed and breakfast inn, or an on-site manager employed by the owner, shall reside on the premises at all times when the bed and breakfast is in operation. b. Estes Park Municipal Code. Properties located within the Town of Estes Park shall comply with all the conditions and requirements set forth in the Town of Estes Park Municipal Code, Chapter 5.20 (Business Licenses) In case of conflict between Chapter 5.20 and provisions of §5.1.B of this Code, the provisions of §5.1.B of this Code shall control. c. Residential Character. Bed and breakfast inns shall not be designed or operated in a manner that is out of character with residential use of a dwelling unit by one (1) household. This includes, but is not limited to, the following: (1) Except in the CD district, design shall be compatible, in terms of building scale, mass and character, with low-intensity, low-scale residential use. (2) Guest rooms shall be integrated within the bed and breakfast inn. (3) Kitchen facilities shall be limited to be consistent with single-family residential use. No kitchen facilities or cooking shall be allowed in the guest rooms. (4) Accessory buildings shall not be used for amenities beyond a gazebo or similar outdoor room. (5) No changes in the exterior appearance shall be allowed to accommodate each bed and breakfast inn, except that one (1) wall-mounted identification sign no larger than four (4) square feet in area shall be permitted. (6) Vehicular traffic and noise levels shall not be out of character with residential use. d. Parking. (1) Minimum Required Parking. Except in the CD Downtown Commercial zoning district, the number of parking spaces available to a dwelling unit housing a bed and breakfast inn shall not be reduced to less than two (2). (2) Maximum Off-Street Parking—Residential Zoning Districts. This Section applies to all vehicles that are not parked or stored in a fully enclosed garage. The maximum number of vehicles parked off-street on the bed and breakfast inn property shall not exceed the number of bedrooms in the bed and breakfast inn. (3) Maximum Off-Street Parking—Nonresidential Zoning Districts. Maximum parking for bed and breakfast inns shall be regulated according to the parking standards applicable to hotel, small." e. Employee housing units as designated in §5.2.C.2 shall not be designated a bed and breakfast inns as defined and regulated herein. 19 f. Attainable housing units as designated in §11.4 shall not be designated as bed and breakfast inns as defined and regulated herein. g. Accessory Dwelling Units. Bed and breakfast inns shall not be permitted on residential lots containing an accessory dwelling. (See also §5.2.B.2.a, which prohibits rental of accessory dwelling units regardless of the length of tenancy). h. CD District. In the CD Downtown Commercial zoning district, such use shall not be located on the ground floor of a building fronting on Elkhorn Avenue. i. Density. Only one (1) bed and breakfast inn shall be permitted per residential dwelling unit. j. Postings. (1) Bed and breakfast inns in all zoning districts shall have a clearly legible notice posted on-site. The posted notice shall be provided by the Community Development DepartmentTown once the operating-registrationbusiness license is initially applied for, shall be posted in a prominent location inside the bed and breakfast inn prior to or during the initial inspection, and shall remain posted in the same location for the duration of its use as a bed and breakfast inn. The posted notice shall include standard contents as determined and approved by the Community Development DepartmentTown. (2) Property Line Boundaries: The property owner or local representativeon-site manager shall inform all occupants of property boundaries. (3) Property owner or local representativeon-site manager shall include in all print or online advertising the operating registrationbusiness license number in the first line of the property description. (4) Advertising shall accurately represent the allowed use of the property, including the maximum number of allowed occupants. (5) Neighbor Notification. Prior to issuance of the initial annual operating permitbusiness license, the resident owner or designated on-site manager residing on the premises shall be responsible for mailing a written notice. a) Notice shall be mailed, with certificate of mailing or other method as approved by staff, to the owners of properties within one hundred (100) feet of the boundary of the subject property. b) Notices shall provide property address and 24/7 hotline phone number. c) Proof of mailing shall be provided to the Community Development DirectorTown upon prior to issuance of initial annual operating permitbusiness license. 23. Large Bed and Breakfast Inns. All bed and breakfast inns shall also be subject to the following: a. Occupancy. (1) Maximum Occupancy—Eight-and-under occupants. The maximum allowable occupancy shall be limited by a maximum of two (2) guests per bedroom plus two (2) guests. The maximum allowable occupancy for an individual bed and breakfast Inn shall be eight (8) occupants. (2) Maximum Occupancy—Nine-and-over occupants. A residential structure with four (4) or more sleeping rooms is may be permitted only by special review in accordance with the S2 approvalprocedure. The maximum occupancy in a nine-and-over occupant bed and breakfast inn shall be as specified in the special review approval granted by the Town Board; provided that occupancy shall be limited to a maximum of two (2) individuals per sleeping room plus two (2) individuals per bed and breakfast inn. Zoning approval of a Large Bed and Breakfast Inn does not obviate the need for the property owner to maintain an active annual operating registration (business license) pursuant to chapter 5.20 of the municipal code in order to operate the property as a bed and breakfast inn. 20 (3) One bedroom shall be assigned to the resident owner or on-site manager and therefore not added to the maximum occupancy calculations in paragraphs (1) and (2) above. (4) Number of Parties, bed and breakfast inns. Bed and breakfast inns may be rented, leased or furnished to one (1) or more parties. b. Home Occupations. Home occupations may be operated on the site of a bed and breakfast inn. Bed and breakfast inns may also offer limited ancillary services to guests, such as offering classes/workshops to guests, provided they are in character with residential use. [Accessory Uses (Including Home Occupations) and Accessory Structures, Chapter 5 EVPDC §5.2.B.2.d (2006)] c. Meal Service. Bed and breakfast inns may provide meals service to registered overnight guests. d. Bed and breakfast inns, whether new or existing structures, shall be subject to the requirements of §7.9 (Exterior Lighting) for new development. e. Bed and breakfast inns shall be required to meet applicable Building, Health and Fire codes. f. Bed and breakfast inns shall be subject to the requirements of the Wildlife Protection Ordinances of their respective jurisdictions, and shall have wildlife resistant containers or enclosures provided for the disposal of refuse. [For property in the Town see Chapter 7.20 Wildlife Protection of the Town of Estes Park Municipal Code. For property in unincorporated Larimer County see Sections 30-261-277 Wildlife Protection through Refuse Disposal of the Code of Larimer County Colorado.] g. Bed and breakfast inns shall be subject to the requirements of the Sign Code of their respective jurisdictions, and shall obtain sign permits as required. [For property in the Town see Chapter 17.66 Signs of the Town of Estes Park Municipal Code. For property in unincorporated Larimer County see Section 10.2 General Sign Regulations of the Code of Larimer County Colorado.] (Ord. 31-17 § 1(Exh. A); Ord. 06-19 §1(Exh. B)) 21 EXHIBIT B – 5.1.U Bed & Breakfast U. Bed and Breakfast Inn. 1. Issuance of an operating registration for a bed and breakfast inn shall not constitute a zoning entitlement for a property's use as a bed and breakfast inn, nor shall absence of an operating registration for a bed and breakfast inn constitute removal or abrogation of a property's zoning permissibility for use as a bed and breakfast inn. However, both appropriate zoning permission and compliance and a valid current business license shall be necessary elements in order for operation as a bed and breakfast inn to occur. 2. Residential Character. Bed and breakfast inns shall not be designed or operated in a manner that is out of character with residential use of a dwelling unit by one (1) household. This includes, but is not limited to, the following: (1) Except in the CD district, design shall be compatible, in terms of building scale, mass and character, with low-intensity, low-scale residential use. (2) Guest rooms shall be integrated within the bed and breakfast inn. (3) Kitchen facilities shall be limited to be consistent with single-family residential use. No kitchen facilities or cooking shall be allowed in the guest rooms. (4) Accessory buildings shall not be used for amenities beyond a gazebo or similar outdoor room. (5) No changes in the exterior appearance shall be allowed to accommodate each bed and breakfast inn, except that one (1) wall-mounted identification sign no larger than four (4) square feet in area shall be permitted. (6) Vehicular traffic and noise levels shall not be out of character with residential use. 3. Large Bed and Breakfast Inns. A residential structure with four (4) or more sleeping rooms may be permitted only by special review in accordance with the S2 procedure. The maximum occupancy in a nine-and-over occupant bed and breakfast inn shall be as specified in the special review approval granted by the Town Board; provided that occupancy shall be limited to a maximum of two (2) individuals per sleeping room plus two (2) individuals per bed and breakfast inn. Zoning approval of a Large Bed and Breakfast Inn does not obviate the need for the property owner to maintain an active annual operating registration (business license) pursuant to chapter 5.20 of the municipal code in order to operate the property as a bed and breakfast inn. (Ord. 31-17 § 1(Exh. A); Ord. 06-19 §1(Exh. B)) 22 Vacation Home Rental Regulations, Enforcement, Etc. Town Board of Trustees April 27, 2021 23 Purpose of Proposed Code Amendments To move licensing/registration requirements to the Municipal Code with the split from the County April 1, 2020. (Registration, Residential Cap, Local Representative, Postings, Parking, Occupancy, Lighting, etc.) Remove any obsolete language adopted with the December 2016 regulations, and generally clean up text. 24 Purpose of Proposed Code Amendments Continued Retain land use regulations in the Estes Park Development Code. (Large Vacation Home Review, Residential Character, etc.) Provide clear enforcement procedures. Update renewal date to be in line with business licensing –January 31 each year. 25 Items Not Addressed The proposed Code amendments are not addressing the residential cap or transferability of vacation homes. These items will come forward during a second round of discussion and proposed amendments in the fourth quarter of 2021. Timeframe for transferability has been addressed with the proposed amendments. Move from 15 days to 30 days from ownership change. 26 Enforcement Recommendations Defined Increasing Fines. Increasing Consequences. Suspension and Revocations. Notice/Ticket Issuance. 27 Increasing Fines $250 $500 $1000 Max ($2650+) 28 Increasing Consequences Notice of Violation Suspension (1 year) Revocation (2 years and reapply) 29 Suspension and Revocation Suspension Revocation Applies if new violation: Within 2 years of NOV Within 2 years of end of suspension Duration 1 year 2 years Must reapply? No Yes 30 Discretionary Synchronicity $250 $500 $1000 Max NOV Suspension Revocation 31 Discretionary Asynchronicity $250 $500 $1000 Max NOV Suspension Revocation 32 Discretionary Asynchronicity $250 $500 $1000 Max NOV Suspension Revocation 33 Potentially Ticketed Parties Owner Manager Renter 34 Effect of Transfer of Home Notice of Violation Suspension Revocation Applies under new ownership? No Yes Yes Action recorded? No Yes Yes 35 Life Safety Survey/Inspection Current status –Ordinance 01-19: Registrations approved prior to March 31, 2019 shall have a completed survey and have CO issued by March 31, 2021. Noncompliance shall result in revocation of registration. –No renewals were revoke in 2021. 36 Life Safety Survey Timeframe 60 days to apply 180 days to complete inspection from permit issuance 12 months from inspection to complete and obtain CO. 30 days to apply 30 days to complete inspection from permit issuance 90 days from inspection to complete and obtain CO. Applications after March 31, 2019 (Not required prior to issuance of operating registration) Proposed Update (Complete prior to issuance of operating registration) 37 Questions & Discussion 38 39 COMMUNITY DEVELOPMENT To: Estes Park Planning Commission From: Mike Scholl, Planning Professional, Ayes Associates Through: Randy Hunt, Community Development Director Date: May 18, 2021 RE: Draft Code Language: Amending the Estes Valley Development Code: Downtown Building Height Planning Commission Objective: The following provides a review of a proposed ordinance to amend the Estes Valley Development Code (EVDC). The language has been adjusted based on discussion and input from the members of the Planning Commission. The draft ordinance is summarized as follows: • Revise § 4.4 - Nonresidential Zoning Districts, Section C.4. Density and Dimensional Standards for the Nonresidential Zoning Districts. Table 4-5, Density and Dimensional Standards Nonresidential Zoning Districts to allow for increased building height for buildings in the CD Downtown Commercial zoning district. • Revise § 11.5 – Building Height Guidelines for Developments in the CD Zoning District. Code Amendment Objective: The Code amendment under consideration would amend the Estes Valley Development Code to allow for greater building height in the CD Downtown Commercial Zoning District. The purpose is to allow for greater opportunity for mixed-use development and opportunities to add much needed housing units. Specifically, building height within the CD Downtown Commercial Zoning District would be amended from 30 feet to allow buildings up to 42 feet in height. We are recommending 42 feet height as a use by right based on discussions and feedback from developers. They had indicated that 42 feet was a reasonable height for a three-story building that would provide for flexibility in construction, design and marketability. Previous discussion by the Planning Commission indicated interest in a 39-foot height limit; however, developers believed allowing the additional three feet would be needed to accommodate infrastructure, as discussed below. 40 At the April 20, 2021 Planning Commission meeting, the board directed staff to seek informal feedback from developers on proposed changes to better understand the impact on potential development. Staff spoke with three different developers categorized as follows, (1) large national developer, (2) a small regional developer ($2 to $20 million range) and (3) a local commercial broker with development experience. The feedback is summarized below: • There are certain fixed costs to development including structural, utility infrastructure, elevator, and some design elements. With vertical development, the marginal cost of adding a third and fourth floors is lower because the developer can spread the cost over multiple floors. • The developers we spoke with indicated that 42 feet was ideal for 3-story building height, excluding rooftop mechanical. Generally, 2 feet of space is included for any duct work and mechanical systems and a small allowance at the roofline for architectural features. • For residential development, 42 feet would allow for a four-story building with 9-foot floor heights. The developers assumed that in the core of downtown Estes Park, mixed- use would be preferred and 9-foot floor heights were not as attractive for residential development. (see illustration below) • The developers indicated that a minimum 16-foot height is required for restaurant use. Given the need for additional air handling, acoustics, and general ambiance, 16 feet is needed to ensure the units are marketable and viable commercially as a restaurant. • For the marketability of the residential users, 10 feet was preferred height as well. The developers thought this was less of a concern than the height of the commercial space. • The developers indicated a strong desire to ensure that the buildings had some architectural interest and design aesthetic. Contrary to the perception that developers dislike any design requirements, they were inclined to support some design guidance with flexibility. o The developers indicated a strong desire for buildings that look good because it impacts the ability to market the property. At 42 feet, it provides good flexibility 41 for a three-story building to include roofline features and for screening of any mechanical units. o The developers indicated that some guidelines help to protect their investment and to ensure adjacent buildings are attractive. o For developers, the bigger issue was ensuring that any design guidelines are flexible and reasonably interpreted. Based on feedback from the development community, changes to the proposed draft for discussion. • Height restriction was modified to allow for buildings up to 42 feet as a use by right. • Any building seeking to exceed 42’ ft is subject to special review. Note: Code language is not yet written to set a greater maximum height limit for Special Review-approved buildings, nor to frame the Special Review criteria for those buildings. This will be added if Planning Commission sees merit in adding that option, which does reflect the Downtown Plan suggestion that taller buildings be considered on a case-by-case basis, as discussed below. The best approach here might be a separate ordinance for the Special Review option. • Design guidelines were added that encourage design elements to ensure visual interest and building quality. • require a shadow analysis and visual analysis for any building that exceeds 30’ ft. Staff has also developed a 3D visualization to assess the impact of a revised height ordinance. The visualization will be presented at the meeting. It will include examples of 42’ foot buildings at various points in the CD-District. Building heights are calculated from the mean average elevation of the finished grade (highest point + lowest point/2) and the mean height between the topmost point of the top plate and the highest ridge for a gable, hip or gambrel. For a for a flat roof, it is measured from the highest point on the roof surface (deck), not including parapet walls. At 42 feet in height, it provides flexibility in design for a mixed-use development. Having some flexibility allows for the additional architectural features that create visual interest and break up the roof line. This amendment was contemplated and called for in the Estes Park, Colorado Downtown Plan (adopted Jan. 2018). The plan stated, as a key objective, “…a moderate increase in density and building height to promote housing development and Downtown activity.” (p. 52) The plan also included additional discussion regarding design constraints to minimize the visual impact on the downtown district. Specifically, the plan indicated a need to include setbacks and building articulation to ensure visual continuity with existing buildings in the downtown district. The Downtown Plan also contemplated taller buildings subject to some additional considerations and design criteria. According to the plan “Buildings up to four stories may be considered on a case-by-case basis on sites where the additional height is determined to not 42 significantly impact views, privacy or other factors. The Town should develop a specific list of criteria and guidelines for review of such projects.” Additionally, the Estes Park Economic Development Corporation (“EDC”) has advocated for increasing the availability of workforce housing in Estes Park. In the report, “The Economic Benefits of Implementing Workforce Housing in the Estes Park,” published in April of 2018 by the EDC, workforce housing was identified as critical to the ongoing economic vitality of Estes Park. Preliminary Staff Findings: The text amendments comply with EVDC §3.3.D (Code Amendments – Standards for Review). §3.3.D Code Amendments, Standards for Review “All rezoning and text amendments to the EVDC shall meet the following criteria:” 1. “The amendment is necessary to address changes in conditions in the areas affected;” Staff Finding: The amendment to the code is limited to the CD Downtown Commercial Zoning District and would allow for the potential development of much needed residential units – a “changed condition” identified in the workforce housing report published by the Estes Park Economic Development Corporation. 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:” Staff Finding: There is no specific “development plan” associated with this Code Amendment. Rather, the amendment addresses specific policy goals from the approved 2018 Estes Park Downtown Strategic Plan. 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.” Staff Finding: Town, County, or other relevant service providers would not be significantly impacted regarding their respective services and facilities if this Code Amendment is approved. Advantages: • Generally complies with the EVDC §3.3.D Code Amendments, Standards for Review. • Provides for the opportunity to create much needed housing units. Disadvantages: • Buildings may detract from the views if not done properly. Action Recommended: 43 Review the preliminary proposal for compliance as it relates to existing approved plans and the Estes Valley Development Code (EVDC) §3.3.D Code Amendments, Standards for Review and provide direction to staff to move forward with a formal Code Amendment. Attachments: 1 – Map CD Downtown Commercial Zoning District 2 – Preliminary Draft Modifications - Table 4-5 - Density and Dimensional Standards Nonresidential Zoning Districts 3 – Preliminary Draft Modifications -§ 11.5 – Height Exception for Residential Developments in the CD Zoning District 44 Attachment 1 Map CD Downtown Commercial Zoning District 45 Attachment 2 Proposed Amendment Language: § 4.4 - Nonresidential Zoning Districts C. Density and Dimensional Standards. 4. Table 4-5: Density and Dimensional Standards for the Nonresidential Zoning Districts. Table 4-5: Density and Dimensional Standards for the Nonresidential Zoning Districts. Table 4-5 Density and Dimensional Standards Nonresidential Zoning Districts EXPAND Zoning District Minimum Land Area per Accommodation or Residential Unit (sq. ft. per unit) Minimum Lot Size [7] Minimum Building/Structure Setbacks [4] [8] Max. Bldg Height (ft.) [9] Max. Lot Coverage (%) Area (sq ft) Width (ft.) Front (ft.) Side (ft.) Rear (ft.) CD Accommodation Units Only = 1,800;SF & 2- Family (standalone) = 9,000; Dwelling Units (1st Floor) 1 unit per 2,250 square feet of gross land area Dwelling Units ( 2nd or higher floors) No minimum gross land area per unit (Ord. 15-03 §3) Accommodation uses = 5,000 All other uses = n/a 25 Minimum = 0 Maximum = 10 If lot abuts a SF residential property = 10; All other cases = 0 If lot abuts a SF residential property = 10; All other cases = 0 42; buildings higher than 30 feet are subject to §11.5; n/a 46 Proposed Amendment Language: § 11.5 – BUILDING HEIGHT GUIDELINES IN THE CD ZONING DISTRICT A. Purpose. This Section is intended provide design guidelines for projects seeking to build two-, three- and four-story buildings in the CD Zoning District through new construction or additions to existing buildings. B. Eligibility. Proposed developments in the CD (Downtown Commercial) zoning district are eligible to build to a maximum of 42 feet. This Section's height allowance for downtown residential projects shall not be available and shall not be applied in any zoning district except the CD zoning district. C. Development and Design Standards. 1. Short-Term Rentals Prohibited. Housing units approved under provisions of this Section shall not be rented, leased, or furnished for tenancies of less than thirty (30) days. (see §5.1. B) 2. Buildings shall not exceed four floors. 3. The fourth floor shall include a step-back of no less than 8 feet from the property line. 4. Roof design shall reduce the mass and scale of buildings and add visual interest. Flat roofs shall have parapets to conceal the roof and mechanical equipment from ground level views. 5. Exterior siding consisting of wood, brick, and/or other materials with natural textures is encouraged. The use of recycled and ecologically friendly materials is also encouraged. 6. Exterior building materials shall be of similar type (e.g., wood or masonry) on all sides of a building, except that embellishments and details proposed for the street side frontage(s) of the building need not be carried through on other sides. 7. Building projects should demonstrate that they are meeting the design guidelines below: a. To encourage horizontal articulation, and to modulate the apparent size and scale of a building, a portion(s) of the street facing façade should be stepped forward or backward from the predominant facade plane of the building. b. To incorporate vertical articulation and modulate the apparent size and scale of a building, horizontal detailing shall be included in the overall design. 47 c. To modulate the apparent size and scale of a building, the street-facing façade shall include some application of projected architectural elements from the plane of the facade. d. To the greatest extent possible, to modulate the apparent size and scale of a building, the roofline shall include some vertical breaks 8. Projects that exceed 30 feet in height shall provide a viewshed analysis that includes the following: a. A shadow analysis that provides a visual model of how the building will cast its shadow on adjacent public areas during various times of the year. b. A picture or visual as viewed from public right of way, sidewalk, or road primary frontage where the building is visible demonstrating the impact on views of Rocky Mountain National Park and/or other natural features. 48 49 5/12/2021 CURRENT PROJECTS Submittal Date Application Type Project Name Location Recomm ending/ Decision Making Bodies Next Proposed Meeting Date Ex-Parte Prohibited Staff 8/3/2020 Code Amendment Downtown Building Height discussion only PC 18-May RH 11/11/2020 Code Amendment Wireless Telecom Facilities PC/TB 15-Jun JW 2/1/2021 Annexation High Pines Subdivision 1,11 Riverside Dr PC tbd AB 3/5/2021 Location and Extent Big Thompson Rec Area 691 S St. Vrain PC 15-Jun AB 3/15/2021 Development Plan Stanley Hotel Film Center 333 E Wonderview TRC tbd yes RH 4/15/2021 Minor Modification The Prospector 1041 Highway 7 staff JW 4/27/2021 Code Amendment Vacation Home Regulations transfer to Muni Code PC/TB 18-May RH 3/4/2021 Amended Plat Christian Scientists 951 W Elkhorn TB 22-Jun yes JW key: PC-Planning Commission TB-Town Board BOA-Board of Adjustment TRC-Technical Review Committee staff: JW-Jeff Woeber RH-Randy Hunt AB-Alex Bergeron AA-Ayres Associates (consultants) *Scheduled Neighborhood Meetings:Meeting Location Date 50