HomeMy WebLinkAboutTown Board Joint SS 2016-12-15 revised
Town of Estes Park, Larimer County, Colorado December 15, 2016
Minutes of a Joint Study Session meeting of the TOWN BOARD, AND
LARIMER COUNTY COMMISSION of the Town of Estes Park, Larimer
County, Colorado. Meeting held at Town Hall in the Board Room in said
Town of Estes Park on the 15th day of December, 2016.
Board: Mayor Jirsa, Mayor Pro Tem Koenig, Trustees Holcomb,
Martchink, Nelson, Norris and Walker
County Commission: Chair Donnelly, Commissioner Gaiter and Commissioner
Johnson
Also Attending: Town Administrator Lancaster, Assistant Town Administrator
Machalek, County Manager Hoffman, Attorney White, Code
Enforcement Officer Hardin, County Planner Whitley, County
Community Development Director Gilbert, Community
Development Director Hunt, and Town Clerk Williamson
Absent: None
Meeting was called to order at 6:00 p.m.
HOST COMPLIANCE SOFTWARE AND SERVICES AGREEMENT CONTRACT.
Code Enforcement Officer Hardin stated staff has experienced difficulty in identifying
vacation homes that are not licensed or registered. Enforcement data becomes difficult
to collect and manage when collected by multiple agencies such as the Town’s Police
department, Community Development and the Larimer County Sheriff’s department.
The Town has identified Host Compliance software that would be used to assist the
Town in identifying non-compliant properties and provide a 24/7 non-emergency
complaint line for vacation rentals. This would allow immediate contact with the
property owners or managers to correct a situation. Weekly reports would be provided
of all incidents to staff for further follow-up if necessary. It was moved and seconded
(Norris/Walker) to approve of the services agreement with Host Compliance at a
cost of $50,185 with Larimer County contributing 50%, and it passed unanimously.
ORDINANCE #29-16 – PUBLIC HEARING – AMENDMENTS TO THE ESTES
VALLEY DEVELOPMENT CODE RELATED TO VACATION HOMES REGULATIONS.
Director Hunt stated the Estes Valley Planning Commission, as directed by the Town
Board and the Larimer County Commissioners at the joint meeting on August 30, 2016,
have developed the amendments for vacation homes in the Estes valley.
Michael Moon/Estes Valley Planning Commissioner stated the Commission reviewed a
number of regulatory documents and determined a restrictive code tended to drive the
vacation rentals underground and make enforcement difficult. The Commission also
reviewed compliance as a metric, the residential versus commercial components, the
safety of the rentals, and ensuring the proper taxes were being collected and remitted.
The Commission found compliance as the highest need; need to cap growth of vacation
rentals in residential zoning districts and extend the grace period to become registered
by March 31, 2017; post April 1, 2017 the Commission would review the cap further and
determine the need to adjust the current 588 cap; the occupancy would remain 2 per
bedroom plus 2 with a cap of 8 for all vacation rentals; a larger home may apply for a
Special Review to increase occupancy above 8; a three tier registration process; a
safety inspection and checklist items would be conducted to ensure compliance with the
regulations and a re-inspection every 3 years thereafter; and enforcement of the
regulations would be the responsibility of the property owner.
Board of Trustees – December 15, 2016 – Page 2
Director Hunt reviewed the recommended vacation rental regulations from the Estes
Valley Planning Commission. Each vacation home would be required to be registered
annually and would run with the property, not the property owner. Registrations can be
transferred to new owners of a property already registered. Properties registered by
December 31st of each year would have priority to re-register for the next year. The
new regulations establish a cap of 588 vacation rentals for properties zoned residential.
Vacation rentals in commercial zoned districts would not be included in the cap;
however, they would be required to meet the other regulations established. The cap
was established as a percentage of the total number of vacation rentals assumed to
exist in the valley by iCompass. During the 2017 transitional year, a three-tier system
would be established to prioritize registration of vacation rentals: first tier are all
currently permitted/licensed vacation rentals which have until March 31, 2017 to renew;
second tier would be any vacation rental currently operating but not registered and can
provided a valid 2016 contract as proof; and tier three would consist of any new
vacation rental not registered by December 15, 2016. An inspection of all vacation
rentals would be required prior to final registration and be required every third year
thereafter. For residential vacation rentals with more than three bedrooms, a special
review process, Large Vacation Home Review, to allow 9 or more occupancy would be
established and run from April 1 through June 1. No new large homes would be
approved after June 1, 2017. The regulations would require a minimum of 1-acre and
25-ft. setbacks; however, the Estes Valley Planning Commission could provide a
variance to the requirements for a special circumstance. A local representative would
be required for all vacation rental homes. The registration process would require a
notice be posted in the home, property boundaries posted, advertising accurate
information as it relates to number of individuals allowed with no age limit, ensure
proper tax collection, and neighbor notification.
Commissioner Johnson questioned the reasoning for limiting the Special Review for 9
or more occupancy to June 1, 2017. He stated the Task Force recommendation was to
allow the larger homes in the future if located on 1-acre lots with 25-ft. setbacks.
Commissioner Gaiter agreed with Commissioner Johnson’s concern. Trustee Nelson
also agreed. Planning Commissioner Moon stated the Commission agreed to bring the
current larger homes into compliance and not allow the growth of larger homes in the
future due to their impact on the neighborhoods. Discussion on the topic ensued with
the need to consider allowing larger homes to apply for 9 or more occupancy in the
future.
Commissioner Gaiter stated concern with the Special Review process as proposed
because it would not take into account the harmony and compatibility with the
neighborhood. He would suggest the review be completed by a higher body such as
the Town Board or County Commissioners. Further discussion was heard on
Commissioner Johnson’s concern with the Estes Valley Planning Commission
completing the Special Review process. He affirmed the need for an elected body to
complete the Special Review. Attorney White stated the Estes Valley Development
Code allows the Planning Commission to approve other items such as Development
Plans. Deputy County Attorney Bill Ressue stated it would be the position of the County
Attorney’s office the Planning Commission does not have the authority to approve
quasi-judicial items.
Larimer County Community Development Director Terry Gilbert commented the Task
Force established 15 recommendations with 6 requiring no amendment to the
Development Code; 5 Planning Commission recommendations are consistent with the
Task Force; and 4 recommendations are inconsistent, including 1 zoning and safety
inspection only, location requirement be the same for the 9 and above as the 8 and
under, the Task Force recommended the Town Board or the County Commissioners
approve the Special Review, and grandfathering was the most significant difference and
would only allow currently existing licensed or permitted larger vacation homes to be
Board of Trustees – December 15, 2016 – Page 3
registered for 9 or more occupancy without a Special Review process. Those not
registered would be required to go through a Special Review process.
Public comments were heard from the following individuals Bernie Holien/County
citizen, Wes Hoffman/County citizen, Kaylyn Kruger/Town citizen, Lindsay
Lamson/County citizen, Ed Peterson/County citizen, Bettye Peterson/County citizen,
Theresa Oja/County citizen, Scott Reichle/County citizen, Julie Reichle/County citizen,
Ginny Hutchinson/County citizen, Mike Scarpella/Town citizen, Patti
Freudenburg/County citizen, Rebecca Urquhart/Town citizen, Kurt Johnson/Town
citizen, Nancy Bell/Town citizen, Jim Swaney/County citizen, Don Darling/County
citizen, Jay Heineman/County citizen, Lisa Foster/Town citizen, Imtiaz & Janet
Ali/County citizen, Seth Smith/Town Business Owner, Millicent Cozzie/Town citizen,
Benjamin Culp/Town citizen, Ingra Marske/County citizen, and Elizabeth Fogarty/VEP
Executive Director & CEO. Comments have been summarized: requested the setbacks
be strictly enforced per the zoning district; occupants should be listed on the rental
contract to establish who should be at the property; vacation homes are an important
part of the economy; should be limited to people who own a home and want to rent it
out occasionally; people should not be allowed to make vacation rentals a business;
EALA supports vacation homes in Estes Park, with 9 and above a critical need; vacation
homes should be exempt from sprinkler requirements; EALA stated concern with the
cap and the availability of accommodation options; larger groups are vital to the
economy; retrofitting homes to meet the International Building Code sprinkler
requirements would be expensive; requested a Special Review for those operating with
9 or more occupancy; would request a cap on the occupancy and a cap on the number
of people on the property; balance growth and the character of the neighborhood by
placing a cap on vacation rentals; would request the 9 and above be strictly enforced
and not allow additional larger homes after June 1, 2017; violations need to be clearly
addressed; 9 and above do not belong in the residential neighborhoods; more vacation
homes means less housing for families, stressed the neighborhoods are the backbone
of the community; the cap should be those the vacation homes registered by July 2016
and no grandfathering of 9 and above in the residential neighborhoods; the
neighborhood notification would be an administrative burden; would encourage the
Town Board and County Commissioners to adopt the Task Force regulations; would
recommend a fee be assessed for violations; and Visit Estes Park supports reasonable
regulations for vacation rentals.
Commissioner Gaiter would suggest the Task Force recommendations be adopted with
the addition of the cap. He recommended the cutoff for new registrations should be the
date of the meeting and not March 31, 2017. He also would recommend a change to
5.1.B.3.c.4 to state the minimum front, side, and rear setback from any lot boundary shall
be twenty-five (25) feet or the setback under the zoning, whichever is greater.
Trustee Norris stated the Estes Valley Planning Commission recommendation would be
a good compromise. The amendments are a good start and may need to be adjusted
as the codes are utilized and issues are discovered. Trustee Walker agreed with the
need to compromise and he agrees with the cap. Mayor Jirsa echoed the comments.
The Town and County would need to review the data from iCompass and address any
unintended consequences quarterly.
Commissioner Johnson would request the additional inspections every 3 years should
be eliminated. He finds it to be over regulation and burdensome. He would recommend
the removal of 5.1.B.3.a.(1) to remove the deadline for 9 or above to be registered and
complete a Special Review by June 1, 2017. He recommended allowing 9 and above
through the Special Review for additional occupancy in the future. Trustee Norris would
recommend staff come forward with a review process by May 31, 2017 for the Large
Vacation Home review and bring it back to the Town Board and County Commissioners
for consideration.
Board of Trustees – December 15, 2016 – Page 4
Several amendments were added to the initial motion, including correction to code
reference to Item 4 and the addition of Items 7, 8 and 9. It was moved seconded
(Koenig/Walker) to approve the EVDC amendments to section 5.1.B and related
sections with the following changes: 1) 5.1.B.1.a.12 Local Representative –
remove the 24 hours a day and replace with when the unit is rented; 2)
5.1.B.1.a.12 Local Representative - remove the word all and replace with contact
for immediate violation resolution; 3) 5.1.B.2.e Number of Parties – add all
occupants must be registered by name; 4) 5.1.B.3.d – pending large vacation
home process Vacation Rental Review process development; 5) 5.1.B.4.c
Inspections - Provision for inspection after a violation or with a change in
ownership; 6) Section 12.7 Enforcement Procedures – remove by posting notice on
the premise and add or contact via website contact, remove the word occupant and all
references to allegedly or alleged violations; 7) 5.1.B.3.c.4 Large Vacation Home
Review – add lot boundary shall be twenty-five (25) feet or the setback under the
zoning, whichever is greater; 8) 5.1.B.4.c Inspections – be removed and replaced
with Provision for inspection after a violation or with a change in ownership; 9)
Remove 5.1.B.3.a(1) and 5.1.B.3.d to remove the June 1, 2017 deadline for large
vacation homes, and the motion was not seconded by Trustee Walker with the addition
of Item 9. The motion was not voted on and a substitute motion was made.
Substitute motion was offered. It was moved seconded (Koenig/Nelson) to approve
the EVDC amendments to section 5.1.B and related sections with the following
changes: 1) 5.1.B.1.a.12 Local Representative – remove the 24 hours a day and
replace with when the unit is rented; 2) 5.1.B.1.a.12 Local Representative - remove
the word all and replace with contact for immediate violation resolution; 3)
5.1.B.2.e Number of Parties – add all occupants must be registered by name; 4)
5.1.B.4.c Inspections - Provision for inspection after a violation or with a change in
ownership; 5) Section 12.7 Enforcement Procedures – remove by posting notice on
the premise and add or contact via website contact, remove the word occupant
and all references to allegedly or alleged violations; 6) 5.1.B.3.c.4 Large Vacation
Home Review – add lot boundary shall be twenty-five (25) feet or the setback under
the zoning, whichever is greater; 7) 5.1.B.4.c Inspections – be removed and
replaced with Provision for inspection after a violation or with a change in
ownership; and 8) remove 5.1.B.3.a(1) and 5.1.B.3.d to remove the June 1, 2017
deadline for large vacation homes, and it passed unanimously.
The Town Board completed its public meeting and turned the meeting over to the
County Commissioners to hold their public meeting on the amendments.
The Town Board reconvened with the completion of the Larimer County Commissioners
public meeting.
It was moved and seconded (Walker/Holcomb) to work with the Larimer County
Commissioners by May 31, 2017 to develop a Special Review process for the
Estes Valley Development Code and a review process for Large Vacation Homes,
and it passed unanimously.
Attorney White read Ordinance 29-16. It was moved and seconded (Koenig/Walker)
to approve Ordinance 29-16 with the amendments approved in the previous
motion, and it passed unanimously.
There being no further business, Mayor Jirsa adjourned the meeting at 10:00 p.m.
Jackie Williamson, Town Clerk