1of32  CARBONDALE BOARD OF TRUSTEES SPECIAL MEETING JANUARY 18, 2022 CARBONDALE TOWN HALL. AND VIA ZOOM 6:00 P.M.  ATTENTION: All regular Carbondale Board ofTrustee Meetings, Special Meetings, Executive Sessions and Works Sessions will be conducted inj person and virtually via Zoom. Ifyou wish to attend the meeting virtually, and you have a comment concerning one or more of the Agenda items, please email etbyecarhondalsonst by 5:00 pm on January 18, 2022. Ifyou would like to comment virtually during Persons Present Not on the Agenda please email erlvecarbondalsonst with your full name and email address by 5:00 pm on January 18,  2022.  You are invited to a Zoom webinar.  When: Jan 18, 2022 05:30 PM: Mountain Time (US and Canada) Topic: Carbondale Board ofTrustees 1-18-2022 Work Session Please click the link below to join the webinar: Atps/asu2wehzpom.1s078091498  Or One tap mobile: Or' Telephone:  US: +12532158782,87890914398# or +13462487799,87890914398# Dial(for higher quality, dial a number based on your current location):  US:+12532158782 or +1 3462487799 or+16699006 6833 or+13017158592 or+1312  626 6799 or+19292056099 Webinar ID: 87890914398  International numbers available: Atps/isu2wehzoom..ISUKOISPwAyD  PLEASE NOTE THAT ALTHOUGH THE INVITATION TO THE ZOOM MEETING LISTS THE STARTINGTIME AS 5:30 THE MEETING ACTUALLY STARTS AT 6:00 P.M.  TIME*  ITEM  DESIRED OUTCOME ATTACHMENT A Discussion  6:00 1. Short-Term Rental Discussion  9:00 2. Adjourn  Please note: times are approximate    20f32  GAPEOT  ATTACHMENT A  TOWN OF CARBONDALE  PUBLIC WORKS 511 Colorado Avenue Carbondale, CO 81623  ISEED  Board of Trustees Agenda Memorandum  Meeting Date: January 18,2022  TITLE: Short-Term Rental (STR) - Continued Discussion SUBMITTING DEPARTMENT: Public Works  ATTACHMENTS: Colorado Municipal League Short-Term Rental Ordinance  Matrix Information  STR Information Gathered by Trustee Sparhawk Community First Carbondale (CFC) Memo and Additional  BACKGROUND  At the December 21, 2021, meeting, CFC presented information related to the potential regulation and taxation of STRS. The stated goals of the potential  regulation and taxation were to:  Reduce real estate speculation in Carbondale Prioritize and empower full-time locals  Extract additional tax revenue for the purpose of developing affordable  housing  In addition to members of CFC, several members of the public attended and commented at the meeting either in person, or via Zoom. At the conclusion of that meeting, the Board discussed goals and next steps. The stated goals were to prevent future conversion of workforce housing to STRS and to encourage conversion of STRs to workforce housing. The next steps were to potentially:  Pursue permitting on existing STRS  Prohibit STRs in non-owner-occuped housing units Create an ordinance for review at the March 22nd meeting  The discussion was continued to tonight's meeting to allow additional input from  the community. DICUSSION  The main goal of tonight's meeting is to gather additional public input on the potential regulation of STRS. To assist in that effort, attached are an STR ordinance matrix compiled by the Colorado Municipal League (CML), information collected by Trustee Sparhawk related to STR offerings in Carbondale as well as  updated information provided by CFC.    30f32  ATTACHMENTA  If, after receiving additional public comment on this topic, the Board believes that STR regulation is necessary to promote the prosperity and improve the order, comfort and convenience of the town and its residents, it is anticipated that developing fully vetted, meaningful and enforceable regulations related to STRS may take some time. Some of the items to consider, and for the public to offer  input on related to potential regulations are:  Should STRS be regulated within town limits? Should there be a limit on how many are allowed?  Ifthere should be a limit, what should that limit be based on (i.e., percent by area, percent by zoning classifications, just a maximum number in the Should STRS be limited to only properties that are owner-occupied (i.e., primary residence versus vacation homes, second homes, investment IfSTRS are limited to owner-occupied properties, how does an STR differ from a bed and breakfast establishment which is a special or conditional Should hotels and motels be specifically excluded from STR regulations? Should STRS be licensedpermitted (in addition to a sales tax license)? Should properties that are deed restricted for affordable housing be Should additional fees or taxes beyond the existing lodging tax be considered? (Note that any proposed additional tax would be required to be approved by voters, and additional fees should have a rational nexus between increased costs to the town or the cost to mitigate impacts of Ifan additional tax was proposed, should that tax be dedicated to a Should STRS in residential districts be required to comply with existing occupancy requirements? (i.e., no more than four unrelated persons can As mentioned above, ift the Board decides to move forward with developing STR regulations, it will likely take several months. Therefore, staff suggests that the purpose of the ordinance to be considered at the March 22nd meeting would be to allow time for the regulations to be developed while mitigating the potential Potential items to be considered for the ordinance on March 22nd include: Direction to establish a licensing program for existing STRS  entire town, etc.)? properties, etc.)?  use in all residential districts?  Should STRS be required to notify neighbors? allowed to be used as an STR?  STRs.)  specific purpose? Ifso, what purpose? occupy a residential dwelling unit.)  proliferation of STRS within the community.  Definition of "existing" Required documentation for licensing Length of initial licensing period Fees associated with the licensing    40f32 FISCAL ANALYSIS N/A RECOMMENDED ACTION Prepared by: Kevin Schorzman  ATTACHMENT/ A  Receive public comment on STRS and provide direction to staff on next steps.    ATTACHMENTA  5of32  Short-Term Rental Ordinance Matrix-April 2021  City  Primary Non-Primary Which Taxes Tax Collected: By License Required Neighbor Concentration Limit Zoning! Limitations  Fees  Residence Residence Required municipality or  Notification  Allowed Allowed  listing agency  Aspen  Yes.  Yes,butDeed Sales (2.4%) The property owneris Yes, a short-term No Resticted Lodging (2.0 0%) theli liablep party fort the rental permitis requiredto affordabielemployee state andc county tax. Anyp property acknowledge safety  Annual business licensef feeo of$150. Vacatoin RentalPermtistree.  units are prohibited inbeingu usedas STRS yes  management company requirements ando other ord otheri intermediary responsiblities oft the canp pay thet tax on property. An annually behalf ofthe owner. renewable Business License alson required. yes, non-transferrable no yes, annually renewable no yes, annual Business no License  Avon Basalt  4% salest tax, 4% yes accommodation tax  Short Term Overlay Districts- primarly Annual Business Licensef feeis$75.  town core  Mayo only be rented 4Lodging+82* Munipality onas short-term sales (Eagle basis witht the County)s and9.3% primary residence sales (Pitkin Countv) yes yes  no ons single-family. max. no of6 short-t termr rental allowedi in multi-family buildings no  $35a annually, plusa $150 safety inspecation charge oni initiall license $200 annually  Beaver Croek Resort Co. no  byBCRC  Blue River Breckenridge Crested Butte  yes 2.5%1 Town Sales Municipality yes, non-transferrable no tax 3,4%L Lodging Tax yes 2.5% Sales Tax, Municipality ando online yes, non-transterrable 3.4% platforms Accommodation Tax Yes Yes Tax85% Vacation authorized agentis Town ofCrestedE Butte Rental Excise Tax responsible for Business License areb both Thee excise tax collecting and remitting required collectedisu usedto taxes throught the fund affordable Town's on-lineli licensing housings projects. ands salest tax software program.  No no  $200f firstt time; $150 annually Fee: $25-$150 annually  none- unless deedn workforce BOLT:$75-5175 annuallylAdmin  housing. thenp prohibited  4.5%L Lodging Sales The Property owneror Vaçation Rental License & Yes, 100fr radius No. Ther of Yes. Restricted! top permittedz zones. Not Unlimited Vacation Rentall License  unlimited vacationn rental allowedi inc deed restricted housingor fee:s750lyear. Primary Residence licensesi isl limitedt to 30% dwelling units thatarer required Licensef fee: $200lyeary witha  ofthet totalr numbero of tobe longt termr rentals. freemarketn residential undts int town locatedin thep permitted zone districts. Currently: 213 unlimitedv vacationr rental licenses can bei issued. no  maximumo of60n nights ofrental year  Denver  lodgingt tax: 10.75% AirBnB collects fortheir yes, lodger'st tax idI license no occupational listings. Taxesr remitted andn non-transferrable privileget tax: directlyt tothe Cityin business licenser required $4/month other cases. business personal property taxa andlor sales taxif applicable yes  Yes. Allowedy wherever residential uses Lodger's Tax! License- $50 are permitted, buta additional limitations biannually apply. Sees sections 11.7.1,1 11.8.10, and Business License application fee- 11,12.7.7ofthe! Denver2 Zoning Code. $25u upon application  Business License- $258 annually $50 annually  Dillon  Yes Yes:  Statec collected sales yes, renew annually tax butk lodgiing tax remittedt to Town    60f32  ATTACHMENTA  City  Primary Non-Primary Which Taxes Tax Collected: By Licensel Required Neighbor Conçentration Limit Zoning Limitations  Fees  Residence Residence Required municipality or  Notification  Allowed Allowed  listing agency  Durango  3.5% Citys salest tax AirBnB collects fort their yes, non-transferrable yes, 300 footr radius Yes. Limits are included Yes. Permittedin2 of6 single-family $750f firstt times anda annual business  anda2% lodger's listings. Taxes remitted tax directiyt tothe Cityb by owner'manager in other cases.  byz zone, block face, or zones andi in all3 mixed usez zones. licensef fees ofa approx. $100 bydevelopment Recent code amendments have depending onthe theu use fromr multifamily zones.  location. no no none  Estes Park Fraser Frisco  no yes yes yes yes yes  state, county, town Taxes collected! by the yes andl lodging State and remittedto sales&lodging dor nots selfc collect registration yes Municipality yes  yes no no  yes, alimito ont then number ofn residentially $200 basef fee plus $50 pert bedroom zoned properties. Noli limit on commercially forp properties inside Townl limits  no no  $150 $125 STRI License application fee  Glenwood Springs  3.7% sales 82.5% AirBnBARBO Yes,2 typesa available Short STR-yesall 250 distance between Nounless prohibited! by PUD collecting the taxes thru TermRental (STR) and neighbors within2 250 STRF permit, citywided cap state system. STR Accessory TouristRental feet. owners must reportthis (ATR) informationt toCity. usuing Agency yes, renewable annually yes Yes, Short TermF Rental No License andF PllowTax License  STR new $500, renew $300 ATRI news $300, renew $150 $600A Annually $200, plusp pillowtax- -$10per person the units sleeps License, $270 for New Commercial License. $270a afterf first) yearf for both types Tieredfee: $150, 2BR $200, 3BRS $2504 4BR+ $300  lodging yes County, state and Towns sales tax, plus 4%1 local marketing district Lodgingt tax, $3.66/ night.  ATR-no  Grand Lake ME Crested Butte Yes Salida Silverthome  yes Ves  no No  no No  Occupational Municipality yes, non-transferrable no  Capped at 75 andiper Capped at 75in Residentavindustnat. No $470 New Residentialindustrial  block int the Residentialindustnal, areas  capf for Commercial District No.  2%s sales &2% Owners aren responsible Yes. Non-transferable, Onlyincaseof No. lodgingtax. Annual for collection/remitance renews annually on Dec. 1. duplex STRI license. oftaxes. VCAV with Airbnb& Vrbo Sales & lodgingt tax due monthlyt totheT Townd of Silverthome  Snowmass Village  3.5% salest tax and AirBnB andv VRBO yes, a2.4%lodgingt tax collectf fort theirl listings. Taxes remitted directly tothe Cityin other cases.  No  No    7of32  ATTACHMENTA  City  Primary Non-Primary Which Taxes Tax Collected: By License Required Neighbor Concentration Limit Zoning! Limitations  Fees  Residence Residence Required municipality or  Notification  Allowed Allowed  listing agency  Steamboat Springs  Yes (Sales& AirBnB andy VRBO Sales Taxl License yesfor VHR permits no Lodging) collect fort theirl listings. Required; VHRF permit Taxes remitted directly requiredf for single farily totheCityi inother homes andd duplexesin cases. mostz zoned districts 4.5%1 Town Sales Prop. Owneror yes Tax 2.5%1 Town bookings agency remits Affordable Housing taxes Excise Tax2.5% (collected from  $50 Sales Tax Fee (onet time); $500 VHR permitf fee, $75 annuain renev fee  Telluride  no  yes, restrictionsi in residentialz zone $1655 basef fee pluss $22 perb bedroo  No ofr notification required  No  tiered structure- $150 per unit for fees properties, $10 per unmanaged unitf for managedu units, $5, per uni forc condotel managed units (24x7 front desk) Annualb licensef  Vall Winter Park  Yes Yes  Yess sales/lodging ArbnbRBOPropery yes Effective 3/1/19STR Yes, forDuplex Manager collectsf for Registration required per neighbor only proof theirl listings. Taxes unit. remitted directiy tothe townir inc other cases. Municipality yes, non-transferrable no  fee ofs60  Counties Eagle County  No county-wide No county wide Hf restriction; short- restriction officeis awarea termrentals not allowedi inp price- cappedo deed- restrictedu units yes yes  No, counties canr not intitate Noc countyv wide No county wide Noc county wider restriction business licenses restriction restriction  none  unitis rental,tis taxede as such  Summit County  Alls short term Sales taxi is collected AS short-term vacationr rental Noticei is sentto no property rentals through the State; permit is requiredt through neighbors onlyin (lesst than 300 days) Personal property tax the County Planning cases where ares subject to the ons short term rental Department as nob business changes are sales tax, mass properties is assessed licenses were authorizedb by proposed tothe transit and and collected by the the State in unincorporated exterior ofthe affordable housing County Assessor's areas, sot theu useis property orbuilding.  Zoning regulations arei includedins Section Initial permit- $150; Annual renewi 3821 ofthe Summit County! Landl Use and $75 Development Code, andir include Administrative Use requirements for permitting, responsible Permit (CUP) required for higher agent, health &s safetys standards, parking. occupancy andp parkingr requests trash, noise, pets, signage, advertising. Initial CUP fee- $350 (thisis and complaints ande enforcement. Not fee charged; not charged both permitted in deedr restricted workforce STRF permitf fee andt the CUP fee) housing units. andino certain PUDst that Annual CUP renewal- $75 expressly prohibitt the use.  tax, A: sales tax office. licensei is obtained fromt the State becauset the State ofColorado Department of Revenue collects these taxes. Personalp property taxisa also collected bythe County Assessor on residential rental fumishings.  regulated through aland use permt REcent legislative changes now allow STRI business licenses ands Summit County isreviewing achanget toor thes addition ofalicense. Asalest tax! licenseis requiredt throught the State ofColorado. Apersonal propertyt tax declaration formn mustbe sumittedt tot the County Assessor.    80f32  ATTACHMENTA  City  Primary Non-Primary Which Taxes Tax Collected: By License Required Neighbor Concentration Limit Zoning! Limitations  Fees  Residence Residence Required municipality or  Notification  Allowed Allowed  listing agency  Out-of-state Agences Park City,UT  Summit County TRT state and AirBnB yes, non-transferrable, yes, inc casesof no  yes, onlya allowedi inc zones orwith $149.00A AdminF Fee, $28.74p per  3.00; Outdoor Rec TRT.32; Park City TRT1.00; Park City Sales Tax 1.00;Summit County Sales.25: Utah Sales4.8 85; Summit Cty. Transpo.3 30;Mass Transit25,Resort Comm. Tax 1.60. yes Tatal 1257 Collectedby: state and yes,apermit by Air8nB yes Asof. Jan'18tax yes, business license no collected by listing agency andn remittedto City County and Airbnb Yes, for eachp property no owner  annual business license duplexes orif shared  CUP'si in certainz zones  bedroom fee, $17.00) Yearly renev admin fee plus $28.7 74/bedroom  common areas/hallways exist between orv withina building  Jackson,' wY Ketchum, ID Moab,UT Whistier, BC  yes yes yes no  Yes, ton neighbors no within: 300R.  yes, only allowedy withint theL Lodging yes, $100f for eachr residential shor Overlay District ort the Snow King Resort termu unit being permitted District No, State Legislature pre-empted! local no control OfSTR's yes. onlys allowedii in certaino commercial Business! licensel fee- $45 plus zones Only allowed m "tounst accommodation" Business! Ioxense fee zoned properties.  no no  perr room  Depends onz zoning. Provincial Sales Province and" "Airbnb" yes Tax: 8%0 oflisting price including any cleaningf feesf for reservations: 26 nights ands shorter inthe Province of BC. Municipal and Regional District Tax: 2-3% ofthe listingprice including any cleaning feesf for reservations: 26 nights ands shorter inthe Province of British Columbia    ATTACHMENTA  90f32  City  Occupancy Requirement Require a "local Mandatory response Utilize a24 hour call Compliance Efforts? Weblink tos STR  Number of Other listings (Approx.)  responsible party" to time fort the responsible centert for complaints? (Compliance monitoring ordinaceregulatons  take complaints? partytoa address the  company, municipal staff, software, other)  complaint?  Aspen  Yes  Yes- local representativeisto No be" "oncair per the municipal code.  MuniRevs, Staff- Finance and htp/Abarmuniode comcobspen.cods 1300 (750a active, 550 Community Development s/municipal code/nodeld 1T26LAUSRE PTS inactive)  Departments  OOSURE CH26. 575MISURE 576.575220VARE hrtos/lwww. cityofaspen.s cem/133Modins Tvanism-mak hte.awwavnear  Avon Basalt Beaver Croek  MuniRevs  295  Notp permitted in employee! housingu units, Requires local representative Assessment BCRC collects5 fore AllSTR 35% CMCA Assessmenta and. 00969Lodging Posting requirements atrentals ands sef-certification required. Allp properties- Special Conditions oflicense/BOLT License -Location Cardp posting rgurementAdenisement Requirements 209 unlimited Sites verification safetyi inspectiona ando on-site parking required. residencel licenses  Yes  30days  No  Wes are utlizing! Host Compliancet tof findo owners renting ont their owny who have notp paid appropriate No  1200  Blue River  2people pert bedroomp plust two. No Beddroom and septic/sewer venfication required Breckenridge Yes. Limitedt to2 people per Yes bedroom plus4f fort thee entire property Crested Butte 2people pert bedroomp plus an Yes additional 2people fort the unit witha maximumo occupancy of 10people. Occupancy over 10 peopler requires ana additional parking space be providedo on sitef fore every four additional people orpartt thereof.. Non maximumn number ofg guests Yes. LRP must bei in City and No pern night. County of Denver during the Nos rental tor more entire length ofthe STR period, thand onep party under separate must! have access tothe contraçts, licensed premises, andr must be authorizedt tor make decisions regarding the licensed premises. yes  No 60minutes 1Hour  No Yes, LodgingRevs 970-423- Yes, LodgingRevs 5334 No. Complaints canbe ShortT Term Rental Helper lodgedv via phone ore emailto generates monthly! listo ofnon co.gov/index.: a5p7SEC-ODAS6ES- licences. 17primary thev Vacation Rental compliant properties! basedon 36E1-4A3A-8001- Inspector at TownHall ourli listofl licensed properties. PeAsDECDATP-EASC  https: mowmolbvenverconoo, gov/lo 145 dyngshon-emrenuas wiowpobredemiage. com/shortter 3838 m crestedbutte-  Denver  Yes. Complaints maybe Host Complance, 1full-time STRE Business Licensing Homepage 3773 activel listings,  fleda atanyt timet by calling Compliance! Manager,4 311: however, response will employees whoa assisty with likely only come during STR compliancer matters part business hours (except for time, STRA Advisory Committee emergency situations toguide policy changes  2556 activel licenses  Dillon  yes, STRI Helper  yes, https www.townoldilon: com/business- resources/dillon- short-ter-rental-str  113  requires licenser numberinads, musts submit parking andt trash/reclycing plans    ATTACHMENTA  10of32  City  Occupancy Requirement Require "local Mandatory response Utilize a241 hour call Compliance Efforts? Weblink tos STR  Number of Other listings (Approx.)  responsible party" to time fort the responsible center for complaints? (Compliance monitoring ordinacelregulations  take complaints? party toa address the  company, municipal staff, software, other)  complaint?  Durango  Determined! by parkingorsof Yes bedrooms atthep property.  No  LodgingRevs  httpJlonline encodeplus. com/regs/dur 125, permitted short Updated regulations adoptedi in Dec ango-coldocviewers aspxisecid-273 termrentals whichf further restrict thisu use based  existing andr newr mixed use develo language that specifically allows STR totaln number ofunits allowed for thisu includedi ina priori landu use approval. 152 commercially modifiedi inMarch: 2017. Additionalr Program implementation! late 2017 900 Newo ordinance passed 1/8/19; New annuals STR licenset termof 5/1-4/30; First STRI licensei issued 5/1/2019  Estes Park Fraser Frisco  2perb bedroom, plus2upto8 Yes total no 2/BR plus4. witho optionto No," "responsible agen" 2417 No applyf formore uponi inspection withr nol localr requirement  30Minutes (School District Yes boundary) oneh hour  LodgingRevs  www.e estes. orybusinessicensing 322 residential and Newn regulations were adopted December 2016 and  yes.  120  Notyet, buto coming summer STRI Helper of2019  Updatedn materials should be available by4/1/19  Glenwood Springs STR based on inspection Yes, residing within 30 No  Staff  htpshnwaisenved  104 active permts, Itisacondition forr renewal thato owners showt they activel listings utilizingt thep permits.  ATRis onet bedroom, 20 guests none None  hsdIAaseN approximately 90 remitted) lodging tax- showing they ares actually  Grand Lake ML. Crested Butte No Salida, Co Silverthome  15min Yes  no Yes  STRH Host Helper Compliance LodgingRevs  pmcrsisctsas. 600 BATDECSATA 95F2- CCCDAND.G https ibrary municode. codes/code_ of oninances?nodeid-c H6BULRE ARTVISHRMBULI meaMtreesdmnaTiNe serviçes.business liquor-licenses  Ves  Require local management no  200  Max advertised occupancy- Yes 2/Bedroom+2  7am-11pm( (60n minutes) Yes 11pm- -7am (30n minutes)  Yes. LodgingRevs https wwws siverthome. org/town- 100  STRII licensei is requiredtob be postedi inonline ads. Good Neighbor Guidelines must be posted prominently inr rental property. STRI licenseis requiredtobev visibly displayedi in rentaip property (address, licenses, property owner name &c contacti infof forr responsibles agent). STRF prohibitedi inc deedn restricted &v workforce housing units.  Snowmass Village Yes, under the buildingo code no  800 units. This does Notp permitted ine employee housing unts wthout not nclude hotel prior approval. rooms    ATTACHMENTA  110f32  City  Occupancy Requirement Require a "local Mandatory response Utilize a 24 hour call Compliance Efforts? Weblink tos STR  Numberof Other  responsible party" to time fort the responsible center for complaints? (Compliance monitoring ordinacelregulations listings (Approx.)  take complaints? party to address the  company, municipal staff, software, other)  complaint?  Steamboat Springs 1per200 sf, max. 16 no  CDC Section 302.E.4 muntyDavespmaen.ca, inarea. https wwwi tellunde- cog pmcaeadNe r-term-rental-regs  171 active permits. We onlyr require aVHR permit for  ASCAN Approx: 23861 listings duplexu units OUTSIDE ofthe resort  G)zone districts. Multiple family units anda allu unitsir in RRa andG are allowed! by right. Restrictionsi inF Residential Zone: nor more than3 rentals pery year, wa aggregater nottoe exceed2 29 days implementedi in2011 application Notorized affidavitr for acknowledgementof required as partofthe life noise, trasha andp parkingr regulations Wer contracted require with! business! LodgingRev's license. thatb Weh tracks have vanous sitesf for rentalst that haven noto obtaineda business license. The Town doesn not have otherl limits or restrictionsf for shortt term rentals excludinga any regular zoningr restrictions. No countyy widen restriction  Telluride  none  yes  723  Vail Winter Park  Twop perb bedroom, plust two. Yes- Localc contactv within60 60 min response timeu unless Yes  LODGINGReVS, onef full-time httpswww.M vailgov. com/short-term- 2500 municipal employeer monitors rentals listings, registrations and complaints LodgingRevs  minute distance required; between 11pm and7 7am,t then Evidenced! by copy ofdriver's 30n minuter responset time  safety,  license no  none  349  Counties  Eagle County Eagle County Landu usec codes  state nor more thanc onep person pere every 300s squaref feet; this limitisnote enforced  Summit County 2persons per bedroom plus4 Responsible agentr required. yes, requiredt tor respond within yes, Host Compliance 24- yes, Host Compliance and www.S SummitCountyco: gov/STR asof3-24-21: 3,767 County STRI regulations werea adopted 12/18/18; for  additional occupants, or1 Localresidency notn required 1hour person perz 200s squaref feetof forthe agent. lving area, whichever allows forag greater occupancy. Max Responsible agentr mustbe_ occupancy 19; can applyf fora available: 241 hours perc day,7 CUPI torequest 20orn more days perv week, andn must occupants. Condominium buildings with interior egress corridors less than 441 inches wide and withoutas sprinklers systema are furtherl limtedt to2persons per bedroomp plus 2additional occupants, or1 person per 200 square feet oflivinga area, whichever allows for agreater occupancy.  hour callo centeris is utilized Planning Depts staff  active permits; 6:282 Currently contractedv with Host Compliance activer registered permitting systeme ando complaint management listings. Note 450 system new applications STRF permit under review.  respondt to complaints within1 hour.    120f32  ATTACHMENTA  City  Occupancy Requirement Requirea a "local Mandatory response Utilize a24 hour call Compliance Efforts? Weblink tos STR  Number of Other listings (Approx.)  responsible party" to time fort the responsible center for complaints? (Compliance monitoring ordinaceiregulatons  take complaints? party to address the  company, municipal staff, software, other)  complaint?  Out-of-state  Parko Agencies City,UT Yes, 75sq. Rperb bedroom, at yes  monitoringy with3 3rdp partyt that mnaasAasaiaE: 3500 listings. 2000 Sitev visita ands safetyi inspection pric  least 50sqft offioors space per occupant (fmoret than1)  verifiesi intemetl listings  licensed  Jackson, wY Limitedt to) lesst thand one calendar month Ketchum, ID Max 30d days/guest Moab, UT Whistier, BC  Host Compliance  no  https:limoab. munidpalcoes/Codes. 67.010  Notp permittedi in anyr residential zones, Only permittedi inc certaino commercial zones. Building, fire, health andz zoningi inspections required for short- termr rentals permittedi in commercialz zones.  Municipal staff, software, https!www. whistler. ca/sites/defaulvl 1000+ bylawe enforcement XacgNAA  42_tourist accommodation. business_ phmm.R.MaRa    130f32  Wwoudt the proposed regulations House or impact this Ino  Type (part of residence or stand alone) apartment apartment apartment  Listing location (VRBO/AirBNB) airbnb airbnb airbnb,vrbo  Name ofl listing Cosy 3BD with parking included airbnb Sherpa's Garden Entire rental by David and Brooke airbnb Cozy! basement apartment Cool Carbondale Crib Private room in house hosted! by airbnb Felicia Private room in house hosted! by airbnb Felicia (number 2) New! Carbondale home Steps to airbnb, vrbo Dine. Shop and Hike Cool 2bedroom cool crib The Sunflower House Starlight Mountain The Red Door Hideout Slyish Condo in Dwntwn Carbondale airbnb, vibo Sunny and Spacious 2BR Private room Carbondale off Main St. airbnb Downtown Entire rental hosted! by Helena airbnb, vrbo Entire rental unit- - Carbondale Luxury airbnb, vrbo Artists! lof Room inab boutique hotel Room inab boutiquel hotel Stylish Modem Downtown Oasis airbnb, vrbo Cozy Condo downtown Location is great, entire home airbnb. vrbo Entire townhouse Carbondale aspen airbnb valley 2b/2. 5ba Townhouse entire townhouse Carbondale cozy airbnb Carbondale entire artsy Private room Sopris Studio  Location in town apartment property Private room Apartments byA Ace room Apartment Near 2nd and! Main Apartment no Near 8th and Colorado Apartment no Alley between Main and Garfield- condos between part ofthe 2nda and apartment no 3rd. backside with FatE Belly oft thet and building Studio2 apartment located on! North1 10th Harmony Scott's building house backside of the building with FatE Belly: and Studio2 apartment Right behind old Miser's Mercantile Right behind Miser's Mercantile- same lotas house Sunflower House Int the Weant Condos condo Next to the Launchpad duplex no Weant Condos Comer of Main ands Sopris ADU On Weant, above Crystal apartment 7 Glass Studios 689 Main St. 689 Main St. Comer of Garfield and 7th apartment no Across from pooli in apartment yes apartment building near Colorado and 7th house townhouses on Main townhouse yes Street  Other notes  private room located on North 10th room  no no  house apartment house  airbnb, vrbo airbnb, vrbo NOT INT TOWNE BUT SHOWS UP ONN MAP (on boths sites) airbnb, vrbo airbnb  house yes nla yes yes room no no room no room no  house condo duplex room apartment apartment room room apartment apartment house condo apartment room  airbnb airbnb airbnb,vrbo  apartment yes room Ino  airbnb    ATTACHMENTA  140f32  woudt the proposed regulations House or impact this no condo yes apartment no room no room no no no ADU no yes house yes ADU no  Type (part of residence ors stand alone) room condo apartment room room apartment apartment apartment house house apartment  Listing location (VRBO/AirBNB)  Name of listing Private roomi in Sunny clean house airbnb Entire Condo hostd! by Brady airbnb. vrbo Charming Carbondale Studio airbnb, vrbo Private room Carbondale off Main St, airbnb Downtown Private room in residential hosted by airbnb Candace "Simply comfy" guest suite privat airbnb, vrbo entrance Tiny House" guest suite (note thisis airbnb (twice). vrbo listed twice) Brand new construction, onel bedroom guest suite Single family' home entire residential airbnb home hosted by Hunt Perfect" "home away from home" in airbnb town with hottub Entire guest suite Krystalhause airbnb Entire Townhouse Thompson Park airbnb, vrbo 1) Entire Townhouse- Thompson Park airbnb, vrbo (2) Entire Townhouse Thompson Park airbnb, vrbo (3) Entire Townhouse Thompson Park airbnb, vrbo (4)(parkside paradise) Entire residential home Luxury near airbnb, vibo golf (RVR) Private room Entire residential home RVRI Retreat airbnb, vrbo Entire residential home nicely airbnb, vrbo appointed The Adventurers. Abode- entire home airbnb, vrbo Entire townhouse hosted by, Jerry and airbnb, vrbo Stefanie The one with the Yellow Door aironb, vrbo Carbondale Oasis Posh Garden Studio Sun Splashed Town house  Locationi in town apartment property Neart thec ditch on Hendrick's drive (so probably on Defiance room Drive) Barber Drive Comer Greystone and hendricks Crystal Road Crystal Road Comer of Oak Run and ADU Greystone Comer of Oak Run and ADU Greystone Oak Run Road near RFTA admin house offices nots sure yet Crystal Circle Park Park Park Park RVR no details or photos yet room RVR RVR endof1 10th street house wheel circle area house wheel circie Comer of Morrison and Mesa Comer ofN Morrison and  Other notes  townhouse Lewis Lane- Thompson townhouse yes townhouse Lewis! Lane- Thompson townhouse yes townhouse Lewis Lane- Thompson townhouse yes townhouse Lewis Lane- Thompson townhouse yes  house room house house house townhouse Sth Street house house apartment townhouse Mesa  house yes no house yes house yes townhouse yes house no ADU no townhouse no  airbnb airbnb airbnb  https www: airbnb. OIANTASTESTIESISAISICANSENIES 0C092C9620U ids,OSBIESArVONIS page section name=10018f ederated search id-66860631- 8296-4b93-8e70- pSTEENT    150f32  woudt the proposed regulations House or impactt this house no no  Type (part of residence ors stand alone) house house room condo condo condo condo house house house house apartment house house apartment apartment apartment apartment house  Listing location (VRBO/AirBNB) airbnb airbnb airbnb. vrbo  Name ofl listing Cozy Cottagei in Downtown Entire house hosted by Claudia airbnb Bohemiam Luxury Entire Loft hosted byLisa Entire condo modem loft (Anna+ airbnb, vrbo Peter) amazing' views, entire condo hosted airbnb, vrbo byZoe MOdem industrial condo loft airbnb. vibo Beautiful Mountain Home -RVR vrbo outstanding mountain golf retreat. - vrbo RVR Charming mountain home InF RVR vrbo Mountain Family home -RVR vrbo Cozy Mountain Getaway- RVR vrbo Modem Townhome Family friendly mountain home vrbo On River, Inl Town, easy access vrbo New cottage in old town Downtown feel ath home Newly built, freshly designed studio vrbo Luxury Penthouse overlooking downtown Beautiful Bright secluded 2bedroom NOT INT TOWNI buts shows up apartment aspeny valley! home walk to downtown vrbo carbondale 681 total properties listed on Airbnb and VRBO. These have been crosschecked withe eah other anda all withint townl limits.  Location int town apartment property  Other notes  https ww. airbnb. com/ooms200125877pcaton-caponda %4 0COM2CX20Untedkz05atEs4Ptvous page section name-10018 ederated search 6-88XSHS,9A8928A72 AS  near 8ths street  near 8th and no grande house yes wheel circle neighborhood room Lofts atD Delores Way apartment yes Lofts at Delores Way apartment yes Lofts at Delores Way condo Lofts atD Delores Way condo 11thF Fairway RVR house Perry Ridge Road- RVR house RVR RVR RVR townhouse Near vitos way Ithink townhouse yes RVR- Settlement lane, backyard! backs uptRVR house golf parking lot Oak Run- near Greystone house intersection, rivers side Sth and euclid Euclid N. Third Street across apartment (might), from Misers, behind be ana adu) vetparbershopt maybe the apartments on Colorado Ave? Can'ttell apartment yes Cleveland Place house  yes yes yes yes nouse yes house yes can't tellifit'sa stanalone or adu  vrbo  https wwww vrbo con47B5ohnoDAesEDaarnesunts0ls Itisaz 2nd home, theyl listy when thya aren't visiting. lfitst thep people I'm thinking of, they usedt tol livel here, raisedt theirk kids here and) kept their  yes yes ADU no ADU no  house.  vrbo vrbo vrbo onn map- vrbo  This looks likei it might bei in condos near True! Nature where short-term Are short-term rentals allowedi in Cleveland Place?lthought there were restrictions butr maybe just on some units?  rentals arer nota allowed.  nla yes  Properties impactedby proposed regulations  31    ATTACHMEN  16of32  wouid the proposed regulations House or impactt this Properties not impactedb by current proposal (owner lives on site) Unsure howt they fitin current proposed regs (commercial properties orl can't telly whether it'sanA ADUor not)  Type (part of residence ors stand alone)  Listing location (VRBO/AirBNB)  Name of! listing 2show up ont ther mapl like theyrei in town, butt theyre actually out of town limits  Location int town apartment property  Other notes  28  4-6r might be on commercial properties -nots sure what thatr means    17of32  ATTACHMENTA  COMMUNITYFIRST MEMORANDUM  TO: FROM:  Mayor Richardson and Carbondale Board of Trustees  Community First Carbondale  Kevin Rayes, Alexandra O'Neal, Shirley Powers, and Chris Hassig  MEETING DATE: January 18, 2022 (Continued from December 21s1)  RE:  Regulating Short-Term and Medium-Term Rentals  INTRODUCTION:  At the previous work session, the Board of Trustees and Community First Carbondale discussed the impacts of short-term rentals (STRs) and Medium-Term Rentals (MTRs) in our community. There appeared to be a level of consensus among Trustees that these Grappling with the nuances of regulations and taxes is a complex task, requiring significant thought and coordination among Trustees and the public. Regulations should be sufficiently aggressive to curb prohibited behavior but also crafted in a manner that is sensitive to the administrative and financial constraints of the Town. To better manage workload and scope, Trustees gave direction to divide this effort into three separate and 1. Between now and March: address the impacts of STRs by adopting regulations, implementing permitting procedures and imposing a schedule off fines. 3. 2023 or later: Consider provisions to address Medium-Term Rentals Community First Carbondale agrees with this approach and has since revised the At the previous meeting, Trustees wanted to identify a problem statement and craftgoals to address it. We believe the question below captures the fundamental premise of this  uses should be regulated in some capacity.  distinct phases:  2. After March: pursue a tax on STRS.  proposed provisions to focus solely on STRS. PROBLEM STATEMENT ANDGOALS: discussion and suffices as a problem statement:  When does an STR make more efficient use of unused resources without negatively impacting neighborhood character and when does it incentivize the By permitting the former and prohibiting the latter, we believe the following goals will be > Maintain housing base for fulltime residents and people who work in the community. Preserve neighborhood authenticity and small-town community character. > Support those who have invested or will invest in traditional lodging properties. > Empower fulltime locals to make extra income via short-term renting a fulltime  conversation of residential space to tourist use?  accomplished:  Reduce real estate speculation in Carbondale.  residence from time to time.  Extract additional tax revenue from permitted short-term rentals.  Page 11    18of32  ATTACHMENT A  SHORT-TERM RENTALS  Our provisions allow STRs within all zone districts where residential occupancy is allowed by right. However, STRs are permitted only in properties and dwelling units that are used as a primary residence. Only a natural person can apply for an STR permit and cannot The City and County of Denver as well as the City of San Luis Obispo currently enforce similar rules. According to these municipalities, the administrative demands related to compliance is manageable and does not create a burdensome workload for staff. Applicants must show proof of ownership and use as a primary residence to be eligible fora a permit. Allowable documentation includes proof of a valid motor vehicle registration, proof of voter registration, federal or state tax returns and a notarized affidavit. Out of sensitivity to the Town of Carbondale's limited staffing capacity, our proposal requires applicants to obtain a new permit on al biennial basis (i.e., once every two years), instead of every year or every six months. This idea originated from the town of Santa Fe, which allows permits to be valid for up to two years if no complaints are reported and no violations occur. This rule not only reduces staff workload but also incentivizes  hold more than one STR permit concurrently.  compliance with STR provisions. REGISTRATION  The foundation of the STR program begins with registration. By requiring a permit, the Town will have data on where STRS are located, contact information for complaints, and a party who will be held liable for violations. Best practices suggest keeping the registration process relatively simple to encourage participation. The primary objective of registration is to collect basic information from hosts and to maintain a line of communication with the Town. Similarly, it's a good idea to adopt modest registration and renewal fees that cover only administrative costs. Keeping these fees relatively low encourages compliance and avoids subjecting hosts in good standing with the law or those who only engage in STR rentals occasionally from bearing the cost of oversight for those who do not comply. The costs of fielding complaints and enforcement should be  factored into fines for noncomplance. RECORDKEEPING  As a condition of approval for a permit, the Town should require hosts to maintain records including booking history, and financial documentation for a minimum of two years. When requested by the Town, hosts should provide access to this information. Audits may be necessary from time to time when renewing a permit or for an investigation related to noncompliance. Administrative staff should be provided the discretion to determine what Municipalities throughout the country have had varying levels of success working with online platforms to obtain information on STRS within their respective jurisdictions. The ordinance adopted by the Board of Trustees should explicitly require online platforms to provide booking information for STRS when requested. The ordinance may serve as a  information is needed on a case-by-case basis.  legal backing if booking platforms resist sharing data.  Page 12    190f32  ATTACHMENT A  Some communities have implemented software to monitor online bookings. For example, the City of Aspen uses LodgingRevs to scan the internet to check STR compliance. Tracking software will assist Carbondale with monitoring STRS. This software will be useful fori the Finance Department (ie., fori tax purposes) and fori the Planning Department (e.g., to ensure an individual does not manage multiple STRs). Upon adopting an ordinance, we recommend shopping for software to assist with compliance. The cost of the software will be offset by its efficiency compared to the hours of staff time required to  monitor STRS manually.  COMPLIANCE, VIOLATIONS AND ENFORCEMENT  The integrity and success of the STR program hinges on consistent compliance and enforcement protocols. The following sections discuss how this may be accomplished. violations and disturbances. The City of Palm Springs Palm Springs is world-famous for its wam requires all STRs to include a copy of the "Good welcoming of visitors while on vacation. We Neighbor Brochure," which informs guests about arep pleasedy yout have chosent tos spendy your local ordinances and regulations that need to be and do. Or, ifyoud choose,) justs sitl back, relax followed during a visit. The brochure is available on and dor nothinga at all. the City's website and is to be printed and included in Like many of our visitors, you! have decided a conspicuious location onsite. We recommend tor rent al house or a condominium for your creating similar material and requiring it to be posted own unique expenence. Thats great. There  Avoiding and Addressing Conflict  WELCOME TO PALM SPRINGS  Compliance begins with proactively avoiding  vacationinour City. Therei iss somuchtosee  arer many! benefits todoingt that. Perhaps the greatest benefiti is the pleasure ofresidinge even forashorts stayi inoneofour beautiful residential neighborhoods. Youv will be among many permanent residents who value the look and feel of a qulet and safe youforyourt helpi in preserving thats sense of renter also means being a good This brochure isi intended to highlight a few ways you can be a good neighbor and to infor you of The City's Vacation Rental guidelines duringy yours stay. Please do not create excessive noise or disturbances or engagei inc disorderly conduct Consider how youv wouldy wanty your neighbors to behave in your own neighborhood back home. Chances are your Palm Springs neighbors will expect the same ofy you. Altlel corsdenatongpesalonyr way. Wea asky youto Springs Rules and Regulations for Vacation  onsite for all STRs in Carbondale.  Good  Neighbor place to! live. They, andt the Citly, will look to Brochure peace ando quiet Ins short, beinga a vacation For Vacation Rentals WHAT YOU NEED TO KNOW  neighbor.  CITY OF PALM SPRINGS please observe the following City of Palm Figure 1: City of Palm Springs Good Neighbor Brochure  Rentals.  Page 13    200f32  ATTACHMENT/ A  WHO'S MAKING ALL THAT NOISE? NO MUSIC or SOUND (TV, cell phone, radio, etc)a area allowed outside ata anytime. Any type of SOUND from any sound producing device is not allowed outside of your Vacation Rental unit. This includes music coming from thel inside of the home that can be heard outside. If your neighbors can hear the noise, you arei iny violation ofthe City Ordinance. While NO MUSIC or SOUND (TV, cell phone, radio, etc) are allowed outside at any time, QUIET TIME is between 10pm and 10am. Please consider moving indoors after 10pm. Hf you choose to be outside, please be considerate of the neighbors and use low voices. Please remember our neighborhoods are quiet, surrounded by mountains and voices POOL TIME is one of the most popular actvites to enjoyi in Palm Springs. Please keep voices and pool activities to a reasonable level. Continued and ongoing screaming for an extended period oft time is one way to disturbt the neighbors. Please be ACALLE fromt ther neighbors tot the Citywillb bring Code Compliance Oficers to your door.. Our officers mayi issuey youa a citationi ify youe exceed the allowedr noisel levels orifanothery violationis observed. Soplease, keept ther noise downand be considerate of the neighbors. Youmay be on vacation, but other occupants in homes aroundy your vacationhome maynotbe. WHOSE CARI IS THAT? Only ONE vehicle per bedroomi is allowedat any given time. Uiize driveway andlor garagey when PARKING your vehideb before using street parking. And never block any driveway or streeta access.  HOW MANY GUESTS IN Al HOME? Please abide! by the OCCUPANCYmisinne chartb below. Dayl Time occupancyis IS between Numberoi Toul Additional Total Total Bedrooms Overnight DayTime Daytime Vehicles Occupants' Occupants Occupancy Allowed  10ama and1 10pm. Studio/l 2 4 6 2 4 4 8 2 3 6 4 10 8 4 12 SEstate Only 10 14 6Estate Onlyl 12 16 6 "Plus2childrenage 12orunder PUPPYI LOVE  Palm Springs requires thata all dogs be ona LEASH whenever they are outside, except in the City's Dog Park. Also, we expect everyone to pick up after their pet. NEVER leave your pet unattended inav vehide; itis illegal ally year long. Andj justi like ath home, a barking or whining dog disturbs the WHOSE TURN IS IT TO TAKE OUT Palm Springs residents recycle asi mucha as they cana and wel hopey youy will too. lfyouhavea al blue recyding cart where youa are staying. please use itto recycle metal, paper, glass and plastic Pleasel DONOT STORE trash andr refusey within PUBLIC VIEW, excepti in proper containers for the purpose of collection. lfyou are staying ina house, PSDS wil pick upy your trash ande empty yourr recyding cart ony yours scheduled colection day(s). Please do notl leave trash or recycling at  can easily carry.  neighbors. THE TRASH?  thoughtful.  products.  thecurb.  WHAT ELSE SHOULD I KNOW? Please keep in mind that you will be cited or fined by the City, or even immediately evicted by the owner, for creating a disturbance or for violating any provisions of the City's Vacation Rental Ordinance. The minimum fine is $500 perv violation. The surrounding neighbors have been given a 24-hour number to CALL should they need to report a complaint.  Figure 1 (Continuedi from previous page): City of Palm Springs Good Neighbor Brochure  Page 14    21of32  ATTACHMENT A  When Conflicts Occur:  When violations or disturbances occur, they can often be resolved between the responsible party and concerned neighbors without the Town being involved. The first line of communication should begin with neighbors contacting the responsible party about the issue. To open this line of communication, as a condition of approval to obtain an STR permit, the responsible party is required to publicily notify neighbors about its operation. The notice should include the contact information of the responsible party should any disturbances or conflicts occur. The address and contact information of all STRS in Carbondale should also be made available on the Town website sO that neighbors can Ifthe responsible party fails to respond within 30-minutes ori if an issue cannot be properly resolved, a channel where complaints are directed to the town of Carbondale should be made available. The City of Palm Springs provides a phone number on its website where complaints about nuisances or STRS believed to be in violation oft the municipal code may be directed. A third party company answers complaints and conducts investigations. The company submits a report to the City for further investigation. We believe the Town of Carbondale would benefit from hiring a company to take these calls. Town officials can later investigate inquiries to determine if a violation occurred and needs to be addressed. As discussed int the following section, a schedule of fines should be adopted to help deter In Aspen, some STRS are rented for upwards of $50 - $60 thousand per night. The City planning department can charge a flat fee of just a few hundred dollars for first, second and third-time violations. For properties that refuse to comply with city requirements, While the top tier rental rates of Aspen are unlikely to reach Carbondale, it's important to understand that as the extreme pressures of the up-valley market encroach into down- valley communities, the cost of renting STRs in Carbondale will continue to increase. A schedule of fines and fees that can fluctuate with market demands should be adopted to Instead of a flat fee, we recommend adopting a schedule of fines expressed as a percentage of the gross revenue earned for a specific booking. In addition to fluctuating with market demands, this method also achieves a level of proportionality commensurate to individual price points. To start, a first offense should almost always elicit a warning. But a second offense might incur a fine of 25 percent of the gross revenue earned from the affiliated booking that caused the disturbance. A third offense could require a fine of 50 percent of the gross revenue earned, and SO forth. We can see how this methodology  look up who to call when an issue occurs.  and rectify violations. Violations and Enforcement  those fees are a small cost of doing business and hardly a deterrent.  deter non-compliant STRS.  plays out when compared to a flat fee in the following scenario.  A tenant hopes to make some extra money to help pay rent. While out oft town, she rents her apartment to a couple for two nights at 100 dollars per night. The couple returns late one night and disturbs the neighbors. A complaint is submitted to the Town and a flat fine of 200 dollars is imposed on the rental. Unfortunately for the tenant, 100 percent oft the money she made is owed to the Town. Meanwhile, down the street, a five-bedroom single family home is rented for two nights to a group of  Page 15    22of32  ATTACHMENTA  ten people at 500 dollars per night. The renters throw a party and receive a noise complaint. The town imposes the same flat fine of $200 for the disturbance. This fine is only twenty percent of the profit derived from the rental, even though the noise from the party was more impactful to the neighborhood compared to the Had a fee structure been adopted as a percentage of revenue earned, the tenant renting her apartment would have paid a fine of 50 dollars for the noise complaint (25 percent of 200), while the single-family home would have paid 250 dollars (25 percent of 1,000). In other words, this fee structure applied fines in a proportional As a last resort, iffour or more offenses occur within at two-year period (the length of time a permit is active), the permit on file shall be revoked by the Town and a two-year waiting period will be imposed before a property or dwelling would be eligible to apply for a new It's important to note that the fee structure described in the previous paragraphs will function well for STRS that have an active permit on file because the financial information required to calculate such a fine would be made available to staff when requested. However, obtaining the information needed to calculate a fine based on gross revenue earned for an STR unwilling to play by the rules may be burdensome and time consuming fors staff. For this reason, we recommend adopting a second schedule of fines that applies to violations associated with STRs that do not have an active permit. The concept of proportionality and deterrence can still be achieved but in a slightly different manner. Instead of calculating a fine based on the gross revenue earned per stay, fines can be assessed based upon the number of sleeping rooms in a home. Each sleeping room would be considered a separate offense. A five-Dedroom-home would be assessed five fines (one for each sleeping room), while a studio, or one-bedroom apartment would be assessed one fine for a single sleeping room. Applying fines in this manner is consistent with our proposed definition of an STR, which broadly encompasses a property or dwelling, and does not differentiate ifone bedroom is rented ori if an entire home is rented. The housing crisis is a Valley-wide issue and should be addressed at the regional level. The scope of what we propose, and the jurisdiction of the Board of Trustees is confined tot the town limits of Carbondale. Similarly, our neighboring communities are taking action to address STRS within their respective jurisdictions. Unfortunately, each community is taking on this issue alone with minimal cross collaboration. The conversation surrounding STRS is an opportunity for peer communities to share resources and develop a system A significant portion of revenues derived from STRS leaves our Valley through payments to absentee booking platforms. Prohibiting outside platforms in the Valley and requiring STRs to be listed on a municipally owned booking system may turn this challenge into an opportunity. By combining resources, it's possible for Carbondale, Aspen, Basalt, Glenwood Springs, and other municipalities to create a single platform with functionality like that of Airbnb and other leading intermediaries. Through an inter-governmental agreement, participating communities could jointly invest in the development and ongoing  disturbance at the apartment.  manner based on the price point of each rental.  one.  ONE FINAL NOTE: CONSIDER A VALLEY-WIDE CALLTOACTION  that can be implemented at the regional level.  Page 16    23of32  ATTACHMENTA  maintenance of the software. The financial return would be nearly guaranteed, given that fees users are accustomed and willing to pay to existing platforms would instead remain in our Valley. Additionally, the robust data obtained from the software would assist with This concept would require significant up-front coordination and investment to pull off. However, even with regulations, STRS are here to stay. A shared platform could shift the We ask the Board of Trustees to adopt a resolution that serves as a call to action for Carbondale and our neighboring communities to establish a Valley-wide working group  enforcement and ensure compliance.  negative externalities of these rentals into tangible community benefits. tasked with discussing the feasibility of developing a shared platform. Exhibit A Proposed Code Language (revised from previous hearing)  EXHIBITS:  Exhibit B Proposed Schedule of Fines Exhibit C IS STR Regulations in Other Communities  Page 17    24of32  ATTACHMENTA A  Exhibit A- PloposedCodelanguage  Town of Carbondale Proposed Code Language Related to Short Term Rentals  Short-Term Rentals  While short-term rentals are permitted in all zone districts where residential occupancy is allowed by right, STR restrictions have been adopted to maintain the small-town character of Carbondale and to promote the public health, safetyand welfare ofthe community. This section does not apply to any property or dwelling subject to bylaws, covenants, HOA rules or other provisions forbidding short-term rentals. All applicants are responsible for ensuring that applicable regulations are metprior to requesting an STR permit from the Town.  Applicability  All short-term rentals are limited to propertiesand dwelling units that are wner-occupiedand used as a primary residence as defined in Definitions. Anyproperty or dwelling that is not owner-occupiedor not used as a primary residencei is not eligible to be used ass short-term  rental. Definitions  Residential property: Any parcel of land located within a zone district that allows for residential uses. The land may bei improved with a single-family home, a duplex, accessory dwelling unit(s), Dwelling Unit: Any dwelling unit located within a building that allows for residential uses. Buildings that accommodate a dwelling unit may include a multi-family development, a mixed- use development, a duplex or any similar building. As an example, one half of a duplex is considered: a dwelling unit, ora an apartment located within a multi-family building is considered Sleeping room: Any sleeping room located within a primary or accessory: structure on a property Primary Residence: ap property or residential unit occupied by a personfor a minimum of nine (9) months percalendar year. Habitation ist fixedfort thet term of the license and is the person'susual place of return. A person can only have one primary residence with only one! STR address. Natural Person: an individual human being; a natural person, as opposedto an organization ora Short-term rental (STR): a property, dwelling unit or sleeping room rented for a period of less  arcessorystructurels) ora combination thereof.  ad dwelling unit.  or within a dwelling unit.  business entity. than thirty (30) days.  Page 11    25of32  ATTACHMENT A  Exhibit A- Proposed Code Language  Proof of Use as a Primary Residence  1. The following documentation is required as part of a permit application to adequately  demonstrate proof of use as a primary residence:  a. Avalid Colorado driver's license or avalid Colorado state identification card; and at least three of the following documentsindicating that the rentalis the  applicant's primary residence: P Proof of valid motorvehicle registration; or . Proof ofvoterregistration; or iv. Utility bill; or  ili. Federald or state tax returns or otherfinancial documentation; or V. Any otherl legal documentation deemedsufficient. by the Town which is pertinent to establishing primary residence within the Town;or vi.: Proof of propertyownershp via ar recent deed,Title or Encumbrance b. Anotarized: affidavit from the applicant certifying that the above documentation isa accurate and truthful. The affidavit shall certify that the applicant resides on the subjectproperty or residential unit for a minimum of nine months per  Report (no oldert than six months);and  calendar year.  Building, Fire and Zoning Codes  All building, fire andzoning code regulations shall be met prior to applying foran STR permit  and shall remain in compliance for the duration an STR permit is active.  Permit Registration Eligibility: operation.  1. All STRS must receive a duly issued STR permit prior to and throughout the time of  a. Only a natural person is eligible to apply for an! STR permit. b. Anatural person shall hold no more than one (1) STR permit concurrently. Anatural personmust occupy a property or dwelling as a primary residence fora minimum period of one (1) year prior to applying fora permit. d. STR permits are non-transferrable to othernatural peronfmdnontranferas: e. Ifa property or dwelling unit is owned by a legal or business entity, the permit must be held in the name of any person with legal authority to act on behalf of . Upon sale or transfer of the home for which an STR permit has beeng granted, a The permit holder shall be designated as the responsible party for complaints, emergencies and other related incidents and shall be held responsible for h. Short-term rental permits remain valid for a maximum period of two (2) years. Permit enewalapplications shall bes submittedto the Townof Carbondale no later  too other properties or dwelling units.  the entity.  news STR permit shall be required.  violations.  than 30 days prior to the expiration oft the permit.  Page 12    26of32  ATTACHMENTA  Exhibit A- ProposedCodel Language  Any permit renewal request submitted less than thirty (30) days prior to the expiration of an existing permit or an application for permit renewal that is deemedincomplete lessthanfifteen(15), days prior tot the expiration ofanexisting permit is subjecttoreviewand: approval afterthe expirationof: anexisting permit. Aproperty or dwelling with any outstanding building, fireorzoning code violations shall not be eligible to apply for an STR permit until all outstanding violations are properly rectified and inspectedby the applicable Town official. k. Prior to applying foran STR permit, the responsible party shall mail notice by first class mail with certificate of mailing, to the owners of properties within three hundred (300) feetofthe: subject property, exclusive of rehtsokwayasshownin the records of the county assessor, and by first class mail to the physical address ofs such properties where such address is differentthan the address of the owner and to the land use department. Notice shall be on at form approved! by the Town and shall contain the name and phone number of the responsible party who will be available twenty-four hours per day, seven days a week to respond to complaints regarding the operation or occupancy oft the short-termrental. Copies of all required mailing lists and mailing certificates shall be provided to the Town as part oft the application foran STR permit.Ana application to renewa a permit shall  not be required to provide public noticing.  Operation of a Permitted: STR  1. Each STR shall maintain the following information in a conspicuous location within the a. The name of the managing agency, rental manager, local contact person or owner of the unit, and a telephone numberat which that party may ber reached b. The maximum number of occupants permittedt to stay in the unit, and Trash pick-up day and applicable rules and regulations pertaining to leaving or storing trash or refuse on the exteriorof the property, and d. Notification that any radio receiver, musical instrument, phonograph, loudspeaker,sound: amplifier, or any machine or device for the producing or reproducing of any sound shall only be operatedwithin at fully enclosed' Vacation Rental unit and shall not be audible at the property line of the Vacation Rental, e. Notification that the occupant may be cited or fined! by the Town and/or immediately evicted by the Owner pursuant to state law, in addition to any other remediesavailable at law, for creating a disturbance orforviolation any f. Notification that failure to conform to the occupancy requirementsoft the Acopy of this Chapter of the Town of Carbondale municipal code, as me be  unit:  ona wenty-four-hourbass,  and  provisions ofthis chapter, and  vacation rental unit is a violation of this chapter, and  amendedfrom time to time.  Page 13    27of32  ATTACHMENT. A  Exhibit A- Proposed Codel Language  2. Occupancy Limitation  a. Each STR shall accommodate no more than two (2) occupants per sleeping room  fora maximum of ten (10) occupants.  Advertising: an STR is prohibited.  Anyadvertsementsfor: an STR shall include the business license number. On-site advertising of  Permit denial, nonrenewal, suspension or revocation permit based on any oft the following reasons: notl beenadequatelyatelyaddressed;or b. Noncompliance with permit conditions; or  1. The Town of Carbondale may deny a permit application, suspend, or revoke an active a. Neghborcomplaints of noise or other disturbances relating to the STR/MTR have  Noncompliance with otnergovermmentairentalrequrementsyor  d. The permit holderprovidedi false or misleading information during the application e. The permit holder is delinquent in payment of Municipal, State or County taxes, fines or penaltiesassessedin relation to the short-termrental, or f. There is Evidence of non-responsive managementyor One or more zoning violation(s) exist on a property or dwelling unit that havenot h. The Town of Carbondale determinest that a property or dwelling unit has violated 2. When an STR permit is revoked, at two-year waiting period shall apply to the associated property or dwelling. The waiting period shall be memorialized in an administrative determination ands shall ber recordedagainst the subject property or dwelling. Thewaiting period shall begin on the date represented in the administrative determination.  process; or  beenrectified; or  one or more of the provisions required for STRS/MTRS.  Page 14    28of32  ATTACHMENT. A  Exhibit B- Proposed Schedule of Fines  Applicability. STRS must comply with all applicable Town regulations, including those found in the Carbondale Municipal Code. Property owners and local representatives (hereby referred to as "responsible party") shall bej jointly liable for all violations pursuant to this Chapter. Responsibility for fines. Any responsible party may be subject to applicable civil or criminal penalties, including fines, set forth in the Municipal Code and attorneys' feesi incurred by the  Town to eliminate any such violation. Notification of an offense.  a. Upon the receipt and verification of any violation of this Section, the permitting official b. All notices sent by mail pursuant to this Section shall be deemed delivered to the responsible partyi if ar return receipt indicates that the notice was sent by certified mail to the owner at the property address and/or at any othera address shown for the owner in the property tax records of the County Assessor;to any tenant or other occupant at the mailing address for1 the property; ort to anyo otherresponsible party which as a contractual  shall send written notice via certified mail to the responsible party.  obligation to manage the property at its businessaddress. The notification shall include the following information:  The address oft the property where the violation is alleged.  ii. Specific reference to the Section(s) of this municipal code and / or to conditions ofadevelopment: approval which are alleged tol have beenviolated. iii. fneressary,astatement of the action that must bet taken to bring the property or iv. Astatementindicating the previous numberoffensesaready, file with the subject permit and the applicable fines or repercussions associated with the current V. Astatement that if the property is not brought into compliance within the stated  use into compliance with this LUDC.  offense(s)  time frame, a citation or summonswill be issued. vi. Information about appealing the notification.  vii. Contact information for a person or department who can answer questionsabout Timeframe to rectify an offense.At time frame, not to exceedfifteen(15) daysf sfrom the date of mailing shall apply to bring the property or dwelling into compliance. At the discretion of the permit official, an extension may be granted if the responsible party is working in good faith with the Town towards a resolution. Such an extensioni is not applicable for properties  the notification.  or dwellings with more than two offensesinatwo-year. period.  Page 11    29of32  ATTACHMENT, A  Exhibit B- Proposed Schedule of Fines  Tor resolveaviolation ofexcessive nobe,dsorderyconduct, disturbing the peace or anyother nuisance attributed to the use of an STR, an affidavit from the responsible party shall be submitted to the permit official via mail or electronically within fifteen (15) days of the notification of such offense. Townstaff shall file the affidavit with the associated permit. The  affidavit shall include the following information:  1. The address of the property or dwelling wherei the violation(s) occurred 3. As statement of action explaining how the violation(s) will not occur in the  2. Asummary of the violation(s)  future  4. Contact information oft the responsible party.  Timeframe to pay fines and late fees.  All applicable fines shall be paid in full within fifteen(15) days from the date of ther notice of violation. Int the event the responsible party fails to adequately rectify all cited violations or tos submit full payment within thet fifteen(15) day timeframe, the offense: shall be considered unresolved. Al late fee shall be automatically assessed beginning on the sixteenth (16th) day oft the offense, without any furthera action from Town staff. Each subsequent day thereafter shall be considered a separated offense and an additional late fee shall accrue each day the offense persists. The fee shall be based upon the permitting status of a property or dwelling: An unresolved offense associated with a property or dwelling that has an active STR permit shall automatically accrue a late fee of no less than $500 per day until the An unresolved offense associated with a property or dwelling without an active STR permit shall automatically accrue a late fee of no less than $1,000 per day until the  offenseisr resolved. offense is resolved.  Ina addition to any other lawfulmeans, the Town may collect and recover. all fines or late fees, by certifying such delinquent amounts to the County Treasurer, pursuant to Sections 31-20-105 and 31-20-106, C.R.S., to be collected in the same manner as real propertytaxes: against the property to which such delinquent amounts are appropriately attributed. All amounts due and owing the Town in connection with any violation of this Article shall constitute at first priority STRs with a Dulyl Issued Permit. An STR with a duly issued permit that is foundi to be in violation of the provisions of this code shall be subject to the Stage 1STR Schedule of Fines. Each offense shall be documented against the permit on file. All offenses are cumulative. If four or more offenses are documented on a single permit, the permit shall be revoked, and a waiting period of twoyears shall apply beforeanew permit may bei issued. The waiting periodshall be recorded against the subject property or dwelling in the form of an administrative determination. The waiting period shall begin ont the date pesenednteaamnnive determination.  lien on the vacation rental property.  Page 12    300f32  ATTACHMENT A  Exhibit B- Proposed! Schedule of Fines  Stage 1 Short-Term Rental Schedule of Fines  The following schedule of fines applies to STRs that do have a valid permit.  Violation Disorderly disturbing the peace or any other violation of Article 5, Public Peace, Order and Decency Excess noise in violation of Article 9, Noise Written Abatement Failure of designated representalvetorespond to an incident within thirty (30) minutesl  1stoffense 2nd offense 3rdo offense  4thoffense  conduct,  75% of gross froma applicable Revocation of STR permit (2 year waiting period applies)  25% of gross revenue earnedfrom applicable applicable booking? booking?  50% of gross revenue earned earnedfrom booking?, and  warning  revenue  Exceeding the maximum number of occupants allowed (no more than two (2) people per dwelling for a maximum often (10) people) Failure to include business license number inc online listings All other offenses  $1,000; and, Revocation of STR permit (2 year waiting period applies)  Written warning  $250  $500  1. The responsible party shall be the first point of contact for all complaints or concerns regarding the condition, operation, or conduct of occupants of the Vacation Rental. Failure to respondwithin thirty minutes ori inability to resolve a conflict in an appropriate manner shall be grounds for the imposition of penalties as set forth in this chapter. Itis not intendedthat the responsible party act as a peace officer or place himself or herself 2. The maximum fine imposed for a single offense shall not exceed two thousand six  in ana at-risk situation.  hundred and fifty dollars ($2,650).  Page 13    31of32  ATTACHMENT, A  Exhibit B- Proposed Schedule of Fines  STRs without a permit. On or after January 1, 2024, it shall be unlawful to advertise, or receive payment, (directly or indirectly), for an unlicensed short-term rental located in the Town of Carbondale. An STR without a duly issued permit shall be subject to the fines set forth in the Stage 2STR Schedule of Fines. All fines shall apply to the property or dwelling for which the STR  is located.  Stage 2Short-Term Rental Schedule of Fines  The following schedule ofi fines applies to STRs that donot have avalid permit.  Violation Operation of an STR revoked Operating an STR issued, active permit Operation of an STR that is not occupied All other offenses  First Offense*  Second Offense*  Third Offense*  after a permit was $500 per sleeping without a duly Written warning  room  $1,500 per $2,650 per sleeping sleeping room room  byai fulltime resident Written warning  *As separate violation shall be assessed for each sleeping room ina a home or dwelling. The number of sleeping rooms in a home or dwelling shall be based on the record from the Unlawful transactions. On ora after January 1, 2024, it shall be unlawful fora any booking service provider to receive payment, directly or indirectly, fora an unlicensed short-term rental located  GarfieldCounty Assessor.  in the Town of Carbondale.  Page 14    32of32  Exhibit C- STR Regulations in Other CommSmses  Jurisdictions in Colorado  PrimaryResidence Noto occupledashviltime residence AEmedwipeit AlowedwiPermt rmpintedwipems cerimaintedwiamt CrestedBute Akedwipemt cags emt  SalesTax Lodging Other Totalmunicipal County States Sales Total PermitFee PermitFee  Tax Tax Tax Tax Tax Tax (Primalyres) funlimited, Puslahedintomaten  Avoen Avon. Banat Denyer Drangs EsesPak Glenwood Springs Telvride Jurisdictions in Other States Location PrimaryResidence Notoccupleda ash Mvilume taFe SanLuis Obispo Alowedwipermit Prohibited Palms Springs  24 45 35 525  04 48 36 29 151 150 10 15 29 244 75 o8 78 28 75 12 1075 1075 875 197 08 62  150 MaritoruminEfst 75 75 750 Ord SandadslerIangmt 750 lnicea  Alewedwipet zonng-imtedwih3 30%m maket Preheted sas Mondwipernit allowedy wipemmt Density OrdNo35. penn. Short- erm 1918 OrdnanceNe.  213 75 29 329 200 29 244 29 224 750 251 200 178  167+22per 167422per    Carbondale Forward  TO: FROM:  Mayor Richardson and Carbondale Board of Trustees  Carbondale Forward  Nina and Jess Pedersen, Harmony Scott, Brittany Hailey, Hunt Walker, Richard Walker, Pat McGinty, Jon Flacke, Anna Arlein, Brent Moss, Jen Moss, Michael Hailey, Zoe Herreid, James McGuire, Leslie and Patrick  Johnson  MEETING DATE: January 18, 2022  RE:  Short Term Rentals as Part of a Thriving Community  INTRODUCTION:  Carbondale Forward is a grassroots organization of local community members in favor of establishing STR regulations with Carbondale's future in mind. We are business owners, landlords, renters, travelers, artists, neighbors and concerned citizens. Nina Pedersen and her husband Jess, have supported countless Carbondale families and businesses for 26 years, renting commercial and residential properties in the heart of downtown Carbondale. Hunt Walker is a 50 year resident of the valley, a 16 year resident of Carbondale and current short term rental host. Harmony Scott is an artist, al business owner, a lifelong resident oft the RFV, and a Carbondale resident for 22 years. Together, they and many others support a more First and foremost, our group recognizes the long term housing shortage within our community. We empathize with those unable to attain stable housing. As long term residents of Carbondale, wel have seen the effects of the long term housing shortage first hand. However, we disagree with Community First Carbondale's assessment that short term rentals have been the driving force behind the housing shortage. In addition, Community First Carbondale fails to recognize the potential negative impact that their proposed regulation could have on the town's economy. Through the town's own assessment, and Community First Carbondale's comments in the December 21st meeting, the number of short term rentals in Carbondale proper does not appear to have significantly grown in the previous two years. Ini fact, independent third party data and analytics firm AirDNA shows a 6% decrease in short term rentals within Carbondale over the last 12 months. We approximate that there are now 35-40 active short term rentals within the town. The town itself has 2,245 residences, meaning only 1.64% of the housing stock  balanced approach to regulating short term rentals.  wrationdaleonadeg  Carbondale Forward] 11    is currently being utilized as short term rentals. Att the same time, 382 units are either built or being built and will be completed in the next two years, expanding the housing stock by 17%. Independent analysis of the short term rental market in Carbondale shows "LOW INVESTABILITY" due to the expense of homes and the current market rates, demand is high,  and revenue growth is low. Market Grade B 3Mino.  Average Daily Rate $296  Ap1's275 es  OccupancyR Rate 73% -V Viwoccupany  Revenue $4,008  wtDasroru SReeGrosa - Rnait gulitio  2.854  SOURCE: htps.www.irdna.co)  Since Carbondale has not regulated the short term rental market at this time, preliminary data seems to suggest that market forces alone have stabilized the short term rental numbers. Anecdotally, the long term housing crunch has continued to worsen over the same time period. Itis our assessment that short term rentals are being used as a scapegoat for the larger and much more complex issue surrounding the nationwide housing shortage. Ar restrictive short term rental regulation may seem politically expedient now, however it is shortsighted. This regulation is unlikely to impact the larger housing crisis, and potentially economically disastrous for some  long term residents and local businesses.  BACKGROUND:  Short term rentals are not new to Carbondale, they have existed for many years. The proliferation of new technology platforms have certainly changed the landscape and visibility of short term rentals, but have not changed fundamentals. The most popular short term rental platform, Airbnb, has been active in Carbondale for over 12 years. Int that time Carbondale has experienced significant economic growth, and downtown businesses in particular have prospered. Tourism and short term rentals have certainly played a part int this growth. The distribution of short term rental options throughout the core of Carbondale has had a major economic impact on thet town. Visitors that stay close to the town's commercial core, spend more time and money with local businesses. The downtown core of Carbondale has only 7 rooms available through traditional lodging (Way Home, Marble Inn). The only hotels in town are fari from the commercial core, expensive and often completely booked. The revenue generated by short-term rentals is reinvested int the local community. Whereas hotel profits may go directly back to headquarters, local hosts keep and circulate money locally. In the case of Airbnb, hosts retain approximately 87% oft the booking price. Short term rentals benefit many community members: short term rentals create jobs for locals, provide taxes for our community, and tourism  options that positively impact many local businesses.  Carbondale Forward]2    Though larger cities have found some success with restrictive or prohibitive short term rental regulations, smaller communities take al larger risk of harming their economy by restricting one of the many cottage industries providing income to residents and local businesses. Many comparisons have been made between Carbondale and Aspen, Steamboat, Santa Fe and other resort communities near and far. However, Carbondale is unique and may have more ino common with the towns of Pagosa Springs, Ridgeway & Salida, all of which have enacted regulations that recognize the positive impact short term rentals have on their community while mitigating the risk of fractional-type investment practices in STRS. Each oft the three community ordinances enacted by Pagosa Springs, Ridgeway, and Salida are attached here as an  EXHIBIT for review. SECOND HOMES:  Second homes have long been a part oft the fabric of Carbondale. Many second home owners have taken advantage of the ease of new short term rental platforms to reduce the cost of ownership by short term renting their second' homes while not in use. Second homes that are currently ini the short term rental market should not be assumed "potential long term rentals" as Community First Carbondale has previously stated. Families invest in second homes at least partially for their own use, and they are likely to sit empty rather than converted to long term rentals. Community First Carbondale's proposed legislation could end up contributing tot the well  documented "Ghost Town" effect in mountain communities.  ADUS & IN-LAWs:  ADU's and In-Law suites are the perfect long-term rentals from an affordability and size standpoint. Let's imagine for a moment that the town does adopt Community First Carbonale's proposal as is. What would the impact be on ADUS and In-Law suites? Only primary residences would be permitted to short term rent. Reducing the accommodations.  options to: ADUS In-Law suites  Shared spaces within primary residences  Somes residents may choose to rent their entire home while on' vacation for a week or two, but the availability of entire homes for short term accommodations would be greatly reduced. At the same time, by far the most popular type of short term rental is a "private" or "full" residence. The demand for these rentals has been built up over many years, and will not be reduced as a result  of this regulation.  Carbondale Forward 13    So where will all this demand land? Because. ADU's and In-Law suites would be granted special status in this regulation, and because they are considered "private" or" "full" residences, the With the reduction of supply, and a steady, if not growing demand for accomodations, we would expect to see an increase int the nightly rates. This increased revenue potential and demand, will likely lead to more. ADU and In-Law owners converting their long term rentals to short term. Because the policy proposed by Community First Carbondale is so restrictive, the pressure for owners to convert ADUS and In-Laws will be overwhelming. Over time we should expect most to be converted to short term rentals, likely leading to at further reduction ini the long term housing  demand would fall on them.  stock.  LLCS & REAL ESTATE SPECULATION:  Many economies are undergoing substantial change based on new and emerging technology, and investment strategies. Real estate speculation, especially as it relates to fractional ownership and investment in short term rentals, is the elephant int the room. Though it does not appear that "LLCs" are grabbing up real estate and converting long term housing stock to short term rentals in Carbondale at this time, Carbondale Forward agrees that thet town should take action to prevent this in the future. Unfortunately, the regulation proposed by Community First Carbondale does not specifically tackle this predicted problem. Instead the regulation takes far Carbondale Forward questions whether LLCS and real estate speculation are being used as a boogeyman, to scare the town into taking drastic action. If this future problem is the real issue,  broader steps that will greatly impact many local community members.  why isn't the proposed regulation more specifically tailored to address it?  PROPOSED REGULATION:  Carbondale Forward is in favor oft the town taking deliberate action, and finds it unsatistactory that a special interests group's lopsided and extreme proposed regulation would be considered without proper balance from additional interest groups. We recommend that the trustees take the time to form a special working group of citizens from all sides of the issue, to further research short term rentals as they pertain to Carbondale specifically, and to recommend balanced action. Int this way Carbondale can move forward, embracing emerging technologies, growing with the changing travel and housing trends, and continuing the hard work of Aresponsible first step in the process would be to create an open registration or permitting system for short term rentals. This would provide the town granular visibility into the real and present short term rental market in Carbondale. Iti is vitally important that the town collect its own information to evaluate this important issue, rather than rely on third party interest groups.  maintaining a community that benefits everyone.  Carbondale Forward 14    The town should also consider the current zoning districts in any future regulation. Several of the zones laid out in the Carbondale Unified Development code (including C/T, CRW, HCC, MU) specifically list lodging as designated, in some cases "encouraged" use. Several other zones (including AG, OTR, R/LD, R/MD, R/HD) list lodging as a conditional and special use. The Carbondale Comprehensive plan specifically encourages... small scale lodging" in several neighborhoods in and around the downtown core. Many Carbondale residents and businesses count on reliable and consistent code enforcement. They have made investments, built their lives and livelihood around the code. Many of their decisions and financial obligations cannot be Prohibition, overregulation or over taxing of STRS is unlikely to solve the affordable housing crisis in our community. But real and meaningful investments in affordable housing for our community could make a difference. Ift the Town Trustees wish to extract additional revenue from STRS for the purposes of investing in long term housing, Carbondale Forward recommends they consider a ballot measure that would create a 10% affordable housing tax on all STR's. This tax would be paid by the tourists using our community resources, not the locals who already pay taxes. Example tax revenue potential: Applying the average daily rate of $296 across 40 properties in Carbondale proper = $11,840 of average income per day. 365 days per year = $4,321,600 of STR income per year. Average occupancy is 73% sO that is $3,025,120 per year of STR income. If we had a 10% affordable housing tax that was voted on and paid for by tourists, that would generate an estimated $302,512 towards affordable housing  easily undone.  per year. QUESTIONS:  Will the TOC consider establishing a special working group of citizens to further research IsT TOC looking to create a Housing Authority to manage and maintain listings of these Do we need TOC to somehow see the effects of the upvalley job market; how they are not also supplying enough housing? The housing burden is falling to Carbondale, Do we have any land within TOC limits that can be developed into a Tiny Home community, owned and managed by TOC? Or developed with guidelines? Will TOC have published guidelines fori future development, addressing STRs?  and deliberate on balanced regulation?  IsTOCI looking to build any deed restricted rentallowned residences? potentially deed restricted properties? Run lotteries?  Glenwood, New Castle, Silt and Rifle. What funds are there to provide housing?  EXHIBITS: ExhibitA A:  Pagosa Springs STR Ordinance Handout provided  Population: 2,057  The town sent out a survey and had numerous public meetings  Carbondale Forward 15    The purpose oft the new restrictions is to limit the number of short-term vacation rental properties within each residential. zoningd district and within each multi-family (condominium, apartment and townhome) development complex, to balance the needs ofl local, full-time residents, minimize the impacts vacation rentals often have on residential neighborhoods and preserve the Town's sense These new regulations only apply in residential zoned areas within the Town A2501 ft. radial distance buffer between licensed vacation rental properties is Only one vacation license is allowed per property (residential). Licenses issued on or before September 7, and that are in good standing, are not subject to the new eligibility restrictions (grandfathering is allowed) Moving forward, the Town will cap licenses at 10% of all dwelling units within each residential zoning district and at 10% within each multi-family (condominium, apartment and townhome) development complex located in For Mixed-Use Commercial Districts: When a vacation rental is a use by right or permitted use, within the Mixed-Use Town Center and Mixed-Use Corridor zoning districts, the properties are not subject to the new cap and ownership regulations (the Town's existing code does not allow single-family structures within these Each condominium, apartment and townhome development complex located within residential zoned districts will be allowed to have only one licensed vacation rental unit, or 10% of the total of all dwelling units within the complex, Fifty percent of the money received by the Town for vacation rental licenses and renewals are placed into a fund to contribute towards workforce housing initiatives. The Town will continue to require that all vacation rentals be licensed and inspected and comply with all laws and regulations.  ofc community. limits of Pagosa Springs required.  residential zoning districts within Town limits.  mixed use districts).  whichever is greater.  Exhibit B: Ridgeway STR Ordinance - Handout provided  Population: 992 Colorado resort town.  Ridgway is similar to Carbondale in that iti is a 45 minute drive to a major Acknowledges the need for regulation sO STRS do not consume too much oft the town's long-term housing supply, broadens the types of STRS throughout the town, clarifies the status of mixed use buildings int the HB and GC District, and recognizes the economic benefits, potential tourism attractions, and ability for To promote the quality of experience and the character of Ridgeway, the Town has established regulations to promote a mix of lodging options (Community  STRS to make one's home more affordable. Incentivizes people to construct. ADUS on their property  Carbondale Forward 16    First Carbondale's proposal does not promote a mix, but a singular type of home, For STRs located int the "HB" historic Business or General Commercial "GD Districts, a maximum of five STRS are allowed per building or structure.  creating high demand on this type of residence). For STRS not in the above Districts:  Shall be a property with two dwelling structures where the owner may use one oft the dwelling structures as a STR if both dwelling structures are owned by a single owner and one dwelling unit is owner occupied. The unit rented shall be a dwelling unit with no more than 5 bedrooms, nor be leased or used to any group containing more than 10 people under the age of 18. ADUS are allowed as long as the property plot is a minimum of 8,000 square feet Required to pass a health, safety and welfare inspection by town building Limited to 50 (not including rooms for rent) within town limits  Owner or Owner's agent within 20 minutes of property  inspector  Biannual renewal of license  Exhibit C: Salida STR Ordinance Handout provided  Population: 5,791 int the town.  Created caps on the numbers of STR's based ont the four non-residential zones As separate short-term license is required for each short-term rental property. In the residential zones (listed above), no more than one (1) short-term rental permit Short Term Rentals are required to pay an Occupational Lodging Tax of $3.66 per  is permitted per property owner. room per night  Carbondale Forward 17