Ordinance 6 An Emergency Ordinance Instituting a 2 Month Moratorium on Applications for Short Term Vacation Rentals; and Declaring an Emergency

Palisade Board of Trustees
Date of Vote: Tue, Mar 28th 2017
Polls (closed):
Yay (0)    Nay (0)

Summary

                    TITLE An Emergency Ordinance of the Town of Palisade, Colorado, Instituting a Two (2) Month Moratorium on the Acceptance of Applications for Short Term Vacation Rentals; and Declaring an Emergency.

BACKGROUND At the meeting of March 6, 2017, the Planning Commission recommended that the Board consider placing a temporary moratorium on applications for short term vacation rentals to give staff time to define possible new limits on the number of rentals. Although the issue was considered with the amendments in 2016, no limits were placed on the number of rentals that could operate along a street block or within the neighborhoods. It was not determined to be an issue at the time since the rentals were distributed fairly uniformly across the Town.

The Planning Commission requested the moratorium so that possible applications that might come before the Planning Commission would not be affected by any new limitations.

The existing short term rentals are within close proximity to most of the resdiential areas. In one instance, an existing rental is separated from another short term rental by only two homes along the same block. If approved by the Board, the moratorium would be in place for a maximum of 2 months so that staff could determine some options with a focus of preserving the residential areas as sustainable neighborhoods. Without some limits, an over-concentration of short term rentals with a reduction of actual residents could potentially threaten the viability of the neighborhoods.

Staff may determine an appropriate threshold and provide some additional clarity with the existing short term rentals that are operated by non residents; owner occupied short term rentals; and the bed and breakfast uses that operate separate from the short term rentals.

ORDINANCE TEXT WHEREAS, pursuant to 31-23-305, C.R.S., the Board of Trustees may adopt, alter or amend zoning and regulations; and WHEREAS, on November 11, 2014 the Board of Trustees adopted an ordinance adding short term vacation rentals and the use standards to the Land Development Code; and WHEREAS, on August 15, 2016 the Board of Trustees strengthened the standards and requirements for short term vacation rentals by amending the Land Development Code; and WHEREAS, the current regulations place no limits on the number of short term vacation rentals that may operate in the Town; and WHEREAS, the current regulations place no limits on the number of short term rentals that may operate along a street block or within a neighborhood; and WHEREAS, the short term vacation rentals are intended to provide options for homeowners and visiting guests to the Town without negatively affecting housing or the integrity of neighborhoods for the citizens of Palisade; and WHEREAS, since the ordinances have been in effect, the Town has received fourteen applications for short term vacation rental site plans and the possibility exists that the Town could receive multiple applications from individuals interested in applying for short term vacation rentals and obtaining business licenses pursuant to Section 3.3 of the Town of Palisade Land Development Code; and WHEREAS, in order to protect the public health, safety and general welfare of the inhabitants of the Town of Palisade, and in order to determine if changes to the regulations should be instituted to address possible impacts to the residentially zoned areas of the Town, the Board of Trustees of the Town of Palisade, Colorado, hereby finds and determines that it is necessary and appropriate to institute a two (2) month moratorium on the acceptance of short term vacation rental applications pursuant to Section 3.3 of the Palisade Land Development Code, during which time the Town shall consider amendments to the Palisade Land Development Code concerning the possible limits on the number of short term vacation rentals within the Town of Palisade and appropriate regulations and requirements governing such businesses.

NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF PALISADE, COLORADO:

Section 1. For the next two months following the effective date of this Ordinance, the Town shall not accept site plan applications for short term vacation rentals pursuant to Section 3.3 of the Town of Palisade Land Development Code.

Nothing in this ordinance shall affect the legal operation of any short term vacation rental licensed by the Town of Palisade prior to the adoption of this ordinance. In addition, nothing in this ordinance shall affect the consideration of any site plan application and subsequent business license for a short term vacation rental submitted prior to the adoption of this ordinance.

Section 2. Declaration of Emergency. In accordance with Section 31-16-105, C.R.S. and Section 1-55 of the Palisade Municipal Code, the Board of Trustees finds and determines that this Ordinance is immediately necessary for the preservation of the public peace, health, or safety because the expansion of short term vacation rentals without specific limits to the number of short term vacation rentals that may operate in the Town or along a street block or neighborhood may affect the character and stability of the residentially zoned areas. The Board of Trustees further finds and determines that it is in the best interests of the public peace, health, or safety to provide additional certainty as to the number of short term vacation rentals that may ultimately operate in the Town or the neighborhoods. Therefore, pursuant to Section 31-16-105 C.R.S., and Section 1-55 of the Palisade Municipal Code, this Ordinance shall be in full force and effect immediately upon adoption of this Ordinance if approved by an affirmative vote of three-fourths (3/4) of the members of the Board of Trustees of the Town of Palisade.

In the event this ordinance is approved, but not by an affirmative vote of ¾ of the members of the Board of Trustees, this ordinance shall become effective 30 days following publication as required by law.

INTRODUCED, READ, PASSED, ADOPTED AND ORDERED PUBLISHED at a regular meeting of the Board of the Trustees of the Town of Palisade, Colorado, held on _________, ______ 2017. 
                

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