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DC-19-0005: Lodging Uses – Short-Term Dwelling Rentals and Bed and Breakfast

DC-19-0005: Proposed Boulder County Land Use Code Text Amendments related to Lodging Uses - Short-Term Dwelling Rentals and Bed and Breakfast

Mountain landscape looking west

Planning Commission public meeting, 1:30 p.m. Wednesday, Oct. 21, 2020

Due to COVID-19 concerns Planning Commission meetings are being held virtually

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Public Hearing – Docket DC-19-0005: Lodging Uses Short-Term Dwelling Rentals and Bed and Breakfast
Text amendments to the Boulder County Land Use Code related to the Short-Term Dwelling Rental and Bed and Breakfast Lodging Uses. Public testimony will be taken.
Action Requested: Planning Commission recommendation to the Board of County Commissioners
Staff Planners: Jasmine Rodenburg and Jean (Raini) Ott

Upcoming Public Meetings and Hearings

Meeting and public hearing information will be posted here when scheduled with links to sign up to attend. A tentative timeline is given below. Updated draft text amendments, referral agency comments, public comments, and the staff recommendation will be available one week prior to each meeting or hearing.

  • Board of County Commissioners Public Meeting: anticipated for November or December, 2020
  • Board of County Commissioners Public Hearing: anticipated for December 2020 or January 2021

Meetings notifications will be sent to the Land Use Code Update email list. Sign up for updates.

Draft Short-Term Dwelling Rental and Bed & Breakfast Land Use Code Language and Associated Licensing Ordinance

After receiving input from the public, reviewing neighboring jurisdictions’ regulations, and additional research, staff has drafted proposed Text Amendments to Article 4 of the Boulder County Land Use Code along with a Licensing Ordinance to regulate Short-Term Dwelling Rentals and Bed & Breakfast uses. Public input is requested on these drafts. A Virtual Open House was held on September 17, 2020 to discuss the draft language.

View the proposed Short-Term Dwelling Rental and Bed & Breakfast Land Use Code Text Amendments as of August 26, 2020. You will find the existing Land Use Code language in the draft, with strikethroughs. The new language is found in red. The docket review process for these proposed Text Amendments to Article 4 of the Land Use Code will include a public hearing before the Boulder County Planning Commission (likely in October 2020) and the Boulder County Board of County Commissioners (following recommendation from the Planning Commission). Public comment will be taken at both hearings. Confirmation of hearing dates and times will be published here and in local newspapers.

View the proposed Licensing Ordinance as of August 26, 2020. All Short-Term Dwelling Rentals (excluding Bed & Breakfasts) will be required to get a license. This Licensing Ordinance is a stand-alone document, separate from the Text Amendments described above. However, both of these documents work together to regulate Short-Term Dwelling Rentals. The review process for the proposed Licensing Ordinance will include a first reading at a public meeting before the Boulder County Board of County Commissioners and a second reading at a public hearing before the Boulder County Board of County Commissioners. Public comment will be taken at the second reading. Confirmation of the public meeting and public hearing dates and times will be published online at the link above and in local newspapers.

Here is a brief summary of the proposed changes:

  • Clarify the distinction in the Land Use Code among Bed and Breakfast, Short-Term Dwelling Rental, and Vacation Rental uses:
    • Bed and Breakfast: A principal lodging use where a facility is rented to one or more guest parties at a time, the owner or manager resides on-site during rental periods, and at least one meal per day is served to guests.
    • Vacation Rental: A principal lodging use where a single-family dwelling is not owner-occupied and is rented to one guest party at a time more than 60 nights per year.
    • Short-Term Dwelling Rental: An accessory residential use where a single-family dwelling is owner-occupied or is rented to one guest party at a time 60 nights or fewer per year.
  • Introduce a Short-Term Dwelling Rental and Vacation Rental licensing program through the adoption of a Licensing Ordinance that coordinates with the proposed Land Use Code text amendments.

Past Public Meetings and Hearings

Meetings will be posted when scheduled, and notifications will be sent to the Land Use Code Update email list. Sign up for updates.

Virtual Open House, September 17, 2020

A Virtual Open House was held on Thursday September 17, 2020. For those unable to attend, feel free to view the recording of the open house or view the presentation materials. This presentation will review the proposed language for the Short-Term Dwelling Rental and Bed & Breakfast Land Use Code update along with the associated Licensing Ordinance. Throughout the presentation, we had polling questions for attendees. View the polling results. We also had two small group sessions following the virtual open house. View the recording from small group number 1 and small group number 2.

Staff is in the process of reviewing all public comments received as of September 30, 2020, referral comments from internal and external agencies, and conducting additional research. In the next month, staff will edit the proposed language for the Short-Term Dwelling Rental and Bed & Breakfast Land Use Code update and Licensing Ordinance informed by the public and referral comments along with the additional research. We anticipate presenting the edited proposed language to the Planning Commission at a public hearing on October 21, 2020.

Virtual Open House, July 30, 2020

A Virtual Open House was held on Thursday, July 30, 2020, to review the latest public input to date. View the video recording of the open house.

Thank you to everyone who was able to participate in our Virtual Coffee with a Planner Sessions and Virtual Open House. We have appreciated your input.

For those of you who couldn’t attend either opportunity, please review the presentation from the Virtual Open House. This will have a brief review of what our current code requires for Short-Term Dwelling Rentals and Bed & Breakfasts, how and why we are proposing to change the code language, what feedback we have heard thus far, and what next steps we are taking. We also had two breakout sessions at the Virtual Open House. View the presentations with polling results:

Staff is now in the process of drafting the regulations.

Currently, we anticipate presenting the changes to the Planning Commission on October 21, 2020. Subsequent to the Planning Commission hearing, the Board of County Commissioners’ hearing on the final adoption of the new regulations is anticipated to occur in November or December 2020. The implementation of regulations will then likely happen in early 2021. The schedule has not yet been finalized and specific dates will be determined later. Please keep tabs on this website, or sign-up for updates to stay posted for more information.


Summer 2020 Updates:

Survey on Short-Term Dwelling Rentals in Unincorporated Boulder County

Boulder County sent out an informational survey polling the public for thoughts on regulating short-term dwelling rentals. This survey was open from Oct. 28, 2019 through Dec. 2, 2019 and there were 1,567 total respondents. Some notable results include:

  • More than 85% of respondents felt as though there should be short-term dwelling rentals in Boulder County with varying levels of oversight.
  • More than 74% of respondents thought there should be a local management requirement.
  • A majority of respondents felt as though there should be some form of owner-occupancy requirement.
  • 76% of respondents did not think a minimum-stay was appropriate.

View or download the full survey responses. Note, this was an informational survey and thus not intended to be a representative sample of Boulder County.

Staff’s preliminary outline for regulation

Based on survey results, discussions with the public, and a review of other jurisdictions’ regulations, staff’s preliminary outline for the draft regulations is as follows:

  • Short-term dwelling rentals will be required to have a Boulder County license and follow specific license regulations, very similar to Boulder County’s Marijuana Licensing Program. County governments in Colorado were recently granted licensing authority through HB-20-1093.
  • There will be two separate categories of uses for Short-term Dwelling Rentals:
    • An Accessory Residential Use: This use will be on properties where there is a Principal Use as a single-family dwelling. There will likely be some residency or owner-occupancy requirements for this use. This use might be appropriate for an administrative review.
    • A Lodging Use: This use will be for houses that are used primarily for short-term rentals and not primarily used as a single-family house. This use will likely require a more intensive review, including a public hearing.

The timeline for this update is to provide proposed draft regulations to the Boulder County Planning Commission in the fall of 2020. Sign-up to receive Planning Commission meeting notices via email or text message.

Background

On July 2, 2019, the Board of County Commissioners authorized staff to pursue text amendments to Article 4-507 of the Boulder County Land Use Code related to two Lodging Uses: Short-term Dwelling Rentals and Bed and Breakfast. The existing use provisions for Short-term Dwelling Rentals (STRs) were created in 2008 as part of DC-07-002.

The proposed changes are for the unincorporated areas of Boulder County, not in cities like Boulder or Longmont. Boulder County’s unincorporated areas comprise the rural, mountainous and plains communities that are not a part of any incorporated municipality.

View more information on the current Short-term Dwelling Rentals regulations of the Land Use Code.

The use provisions need an update considering current development, housing availability, and economic conditions in the county. Best planning and land use regulation practices regarding STRs have evolved significantly since the existing use provisions were put in place. In addition, staff has heard input from county residents that the existing regulations do not adequately address the impacts of STRs. Staff intends to explore updating use provisions related to owner-occupancy, business registration, neighborhood compatibility, rental frequency, and preventative safety. Staff also intends to update the definition and provisions for the Bed and Breakfast (BnB) use and clarify the distinction between the Short-term Dwelling Rentals and Bed and Breakfast uses.

Contact for this Docket

Jasmine Rodenburg, Senior Planner
303-441-1169

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