[OriginalTown] Re: Fwd: STR Regulations Urgent/Overdue

  • From: Mandip Gill <mandipsinghgill@xxxxxxxxx>
  • To: originaltown@xxxxxxxxxxxxx
  • Date: Tue, 6 Dec 2022 12:06:13 -0700

What if we’re planning to build an ADU  (for STR or regular rental) and the primary home owner is still living on the property? Would this proposed regulation inhibit that use case ?
Since I can’t afford to build a house without thinking about how I can make extra income via renting , I wouldn’t want to inhibit options for people in my situation. 
Mandip Gill

On Dec 6, 2022, at 11:23 AM, Megan Williams <gmeganwilliams@xxxxxxxxx> wrote:

Good morning, Gil~
I'm not sure STRs do us any favors. Short Term Rentals - like hotels - are for less than 29 days.  STRs are not about including month-to-month renters who want to join in our community (which I am in support of), but are more like hotel guests, passing through and "here for the party." STR policy is critical to ensuring respectful neighborhoods and personal safety. 
"What you hear from a lot of people is that we no longer have neighbors, we now have hotels," said Wendy Sullivan, principal of WSW Consulting, and organization that studies housing needs in tourism-based towns around the West. "Everyone feels impacts, and they're not happy about them."  https://www.skyhinews.com/news/colorado-conundrum-how-communities-around-the-state-are-handling-short-term-rentals/

Currently, Town of Superior is the ONLY community I am aware of in surrounding areas that has no STR policy in place. Towns considerably smaller than ours have developed policies to protect quality of life for tax-paying residents from an endless stream of unvetted, unlicensed and untaxed guests in STRs. For example, Town of Lyons, Population 2,208, has a policy: https://www.townoflyons.com/592/Short-Term-Rentals Even Rock Creek HOA has a policy dating back to 2015.
If Original Town will retain any of its former charm and neighborliness, we must address this matter with urgency, or risk becoming a hotel-town with a steady stream of univested strangers coming and going with their rental cars and suitcases, inconveniencing all around them, while proprietors pay no taxes, overburden Town infrastructure, and bear no responsibility to their neighbors. I believe we have children and seniors in OT who are relying on us to do better. 
With Superior Love, Megan 

On Sat, Dec 3, 2022 at 10:11 PM Gilbert A. Espinoza <fireseal42@xxxxxxxxxxx> wrote:
Megan, Maybe it’s ok now for short term rentals in old town…

Sent from my iPhone
On Dec 3, 2022, at 6:28 AM, Megan Williams <gmeganwilliams@xxxxxxxxx> wrote:

Dear Town Board, Town Elders and Neighbors~ 
Five months ago, STR regulations for Town of Superior was raised as an urgent and long-overdue need in our community, especially as many are making plans to rebuild. 
I am resending this email with questions and concerns to the new Town Board and Mayor, in hopes that policy will be swiftly put in place to protect STR abuses in the community (which were problematic prior to the fire. Happy to share more on this). 
I would appreciate a reply from Town Board and/or the Mayor on what steps are being taken and when we may anticipate active STR regulations governing the Town of Superior, and particularly the Original Town, which seems to have B&B regulations prohibiting overnight stays for profit. 
With Superior Love, Megan Williams 

Sent from my iPhone
Begin forwarded message:

From: Megan Williams <GMEGANWILLIAMS@xxxxxxxxx>
Date: July 5, 2022 at 6:53:09 AM MDT
To: Town Board <townboard@xxxxxxxxxxxxxxxxxxxx>, Original Town <originaltown@xxxxxxxxxxxxx>
Subject: STR Regulations Urgent/Overdue

Dear Town Board, Town Elders and Neighbors~
I would like to thank Trustee Paige Henchen for raising the critical need to establish STR Regulations for the Town of Superior. I would like to add there is particular urgency within in the Original Town, which is not governed by HOA policy, but reliant on Town Board for such pressing matters. 
A few items of note: 
1. The time is nowDuring the working session, there seemed to be an idea that "we have time on this". In fact, I would say, quite the opposite. Rock Creek HOA has had STR regulations in place since 2015. Most if not all surrounding communities also have had STR policy in place across many years. Our lack of clear regulations has put STRs into a "grey area", in many cases operating unlicensed, untaxed, unvetted in areas not zoned for the impact, and at great burden to our infrastructure and risk to our residents. 
2. B&Bs are prohibited in the Original Town While there are nominal differences between Bed&Breakfasts and STRs (I see B&Bs as the older and perhaps out-of-date sibling of the STR model), with regard to Original Town, Superior Land Use Zoning is very clear - Bed & Breakfasts are not permitted in areas zoned Low-Density Residential (R-L) and require "Special Use Review" in areas zoned Medium-Density Residential (R-M). Because there is no official policy for STRs (ie. AirBNB), a lack of updated Town of Superior policy (considering how B&B regulations apply to STRs) has allowed for unlicensed, unregulated and untaxed STRs to operate in the (R-L) zoned areas. STRs, like their predecessors B&Bs,, are run for profit, and should be licensed to operate in areas of our Town zoned for them. In my opinion, and in the opinion shared by many in the Original Town, these businesses are detrimental to community values, regardless of potential revenue generation. Imagine what 3 guests x 30 nights (90) x 12 months (1,080) x 10 STRs (10,800). Now imagine 100 STRs? These exponential numbers are not the intent of occupancy clauses stating no more than 3 unrelated people. This must be addressed ASAP, and with adherence to the intentions of established Town Zoning, particularly in the Original Town, Low-Density Residential R-L and Medium-Density Residential R-M. Unequivocally, and importantly, as many begin to rebuild. 
3. Lack of Code brings danger Without licensing and proper screening, we have no idea who has or will stay in our community, putting our elderly, children, and really everyone in a very vulnerable predicament. While we like to believe in the best of people, unfortunately many stand ready to take advantage of lax screenings, bringing the possibility of significant danger to our Town. There is a reason hotel guests are required to present identification and credit card in a hotel - it is a matter of security, and this matter has been grossly lacking while unlicensed STRs have operated. 
4. ResourcesIt is challenging for smaller communities to envision the detrimental effects of STRs until it's often too late. (Thank you again, Trustee Henchen for making this valid point). I'm enclosing a series of links I've shared with respected Elders of our community, and would also like to share them with you. While we are all hard working citizens and respect the right of others to make a living, we do not respect a living made at great expense to our Town, citizens and way of life, particularly if it is in direct violation of the intention of Land Use Codes. 
"What you hear from a lot of people is that we no longer have neighbors, we now have hotels," said Wendy Sullivan, principal of WSW Consulting, and organization that studies housing needs in tourism-based towns around the West. "Everyone feels impacts, and they're not happy about them."  https://www.skyhinews.com/news/colorado-conundrum-how-communities-around-the-state-are-handling-short-term-rentals/

https://www.wolterskluwer.com/en/expert-insights/5-legal-and-regulatory-considerations-for-short-term-rentals
https://coloradosun.com/2021/07/26/short-term-rentals-colorado-mountains-tourism-housing-labor/
https://travelonthehouse.com/hate-short-term-rentals/
https://www.forbes.com/sites/garybarker/2020/02/21/the-airbnb-effect-on-housing-and-rent/?sh=36952eae2226
https://cl.cobar.org/features/the-state-of-short-term-rentals-in-colorado/
5. important to our Community I believe our Town is behind in protecting our community from STRs, and the lasting, negative effects of casting away renters who are invested in our Town, in exchange for Transient Occupancy. In the case of Original Town, I believe STRs have been operating in a "grey area" in Low-density Residential R-L neighborhoods - and just beyond neglected B&B policy, now desperately requiring Town Board updates. These STRs seem in gross violation of the intent of zoning codes, at great profit, and significant inconvenience and risk to our neighbors, all while paying no taxes and greatly burdening Town infrastructure. I am eager to see the STR policy prioritized and updated to reflect the intent of the B&B policies. As we look to rebuild and return to the Original Town, we hope it will retain some of the character and neighborliness we have long valued. 
Please do let residents know of future working sessions regarding this important update to Town regulations. 
With Superior Love, Megan Williams 405 South Third Avenue Superior CO 80027 

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