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TC Ord. No. 2009-12 Adding section 17.12.055 & Section 17.20.140 Short Term Rental Overlay (Stro) Zone District to Title 17 of the Avon Muni CourtTOWN OF AVON, COLORADO ORDINANCE NO. 09-12 SERIES OF 2009 AN ORDINANCE ADDING SECTION 17.12.055 AND SECTION 17.20.140 SHORT TERM RENTAL OVERLAY (STRO) ZONE DISTRICT TO TITLE 17 OF THE AVON MUNICIPAL CODE WHEREAS, pursuant to C.R.S. §31 -15 -103; C.R.S. §31 -23 -301 et. seq.; the Local Government Land Use Control Enabling Act of 1974 set forth in Article 20 of Title 29, Colorado Revised Statutes; and the home rule authority of the Town of Avon ( "Town ") provided by Section XX of the Colorado Constitution and the home rule charter adopted by the Avon electorate, the Town Council has the power to establish zone districts, adopt regulations for such zone districts, and adopt ordinances for promotion and preservation of public health, safety, and welfare; WHEREAS, pursuant to the purpose of Title 17 of the Avon Municipal Code, the Town Council has the authority to divide the Town into zones, or districts, restricting and requiring therein the location, erection, construction, reconstruction, alteration and use of buildings, structures and land for trade, industry, residence and other specified uses; WHEREAS, the intent of Title 17 of the Avon Municipal Code is to provide a planned and orderly use of land, protection of the environment and preservation of viability as a tourist area, all to conserve the value of the investments of the people of this community and encourage the most appropriate use of land throughout the municipality; WHEREAS, the Town desires to permit Short Term Rental uses as defined by Section 3.28.020 for Hotel room, condominium unit, or other accommodation of the Avon Municipal Code, in areas of the town core that are residential in nature, as defined in the attached map (Exhibit A); and, WHEREAS, the Town Council finds that the passage of this Ordinance will promote and preserve the health, safety and welfare of the Avon community. NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO, the following: Section 1. Amendment to Title 17 of the Avon Municipal Code. The Avon Municipal Code is hereby amended by adopting the following language: 17.12.055 Interpretation — relationship to private covenants. In case of a conflict between the zoning code and any private restrictions imposed by covenant or deed, the responsibility of the Town shall be limited to the enforcement of the zoning code. When provisions within the zoning code are more restrictive than those imposed by covenant or deed, or when any such private instruments are silent on matters contained within the zoning code, the Page 1 of 4 Ordinance No. 09 -12 Short Term Overlay Zone District 10 -5 -09 ejh provisions of the zoning code shall govern. The zoning code shall not supersede, nullify or overturn the provisions of any private covenant or deed which are more restrictive than the zoning code unless such private restrictions are unconstitutional. The Town may apply and enforce the restrictions imposed by covenant or deed if the Town required such covenant or deed as a condition to a development approval or if the Town is named as a beneficiary of such covenant or deed. 17.20.140 Short Term Rental Overlay - STRO. (a) Intention. The Short Term Rental Overlay (STRO) zone district is intended to allow short term rentals of properties, including but not limited to accommodation, apartments, bed and breakfast, condominium, hotel, lodge, motel and residential properties for periods of thirty -one (3 1 ) days or less subject to the provisions of this Section 17.20.140. The STRO zone district shall be an overlay zone district which shall apply to allow short term rentals of properties. Properties in the STRO zone district shall otherwise be subject to all requirements of the underlying zone district. (b) Allowed Use. The following uses shall be permitted in the STRO District: (i) The uses permitted in the underlying zone district or planned unit development (PUD). (ii) Short Term Rental, except that Short Term Rental use shall not be permitted for any residential unit which is deed restricted for affordable housing, long term residential use, primary residential use, or full time residential use. (c) Short Term Rental. For the purpose of this Section 17.20.140, Short Term Rental shall mean the rental of property for a total continuous duration of less than thirty (30) days. (d) Development Standards. The developments standards within this overlay zone district are regulated by the underlying zone district or PUD. (e) Sales and Public Accommodations Tax License. Any property owner who leases or rents property in the STRO District shall obtain a Sales Tax License in accordance with Chapter 3.08 and a Public Accommodations Tax in accordance with Chapter 3.28. The failure to obtain a Sales Tax License or Public Accommodations Tax License prior to using property for Short Term Rental in the STRO shall be a violation and subject to penalties as described in Title 3. Section 2. Zone District Map Amendment. The official Zone District Map for the Town of Avon shall be amended to adopt and include the Short Term Rental Overlay zone district as illustrated by Exhibit A, Short Term Rental Overlay Zone District map. Page 2 of 4 Ordinance No. 09 -12 Short Term Overlay Zone District 10 -5 -09 ejh Section 3. Codification. The codifier of the Town's Municipal Code, Colorado Code Publishing, is hereby authorized to make such numerical and formatting changes as may be necessary to incorporate the provisions of this Ordinance within the Avon Municipal Code. Section 4. Severability. If any provision of this Ordinance, or the application of such provision to any person or circumstance, is for any reason held to be invalid, such invalidity shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are declared to be severable. The Town Council hereby declares that it would have passed this Ordinance and each provision thereof, even though any one of the provisions might be declared unconstitutional or invalid. As used in this Section, the term "provision" means and includes any part, division, subdivision, section, subsection, sentence, clause or phrase; the term "application" means and includes an application of an ordinance or any part thereof, whether considered or construed alone or together with another ordinance or ordinances, or part thereof, of the Town. Section 5. Effective Date. This Ordinance shall take effect seven days after public notice following final passage in accordance with Section 6.4 of the Avon Home Rule Charter. Section 6. Safety Clause. The Town Council hereby finds, determines and declares that this Ordinance is promulgated under the general police power of the Town of Avon, that it is promulgated for the health, safety and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The Town Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. Section 7. Publication by Posting. The Town Clerk is ordered to publish this Ordinance by posting notice of adoption of this Ordinance on final reading by title in at least three public places within the Town and posting at the office of the Town Clerk, which notice shall contain a statement that a copy of the ordinance in full is available for public inspection in the office of the Town Clerk during normal business hours. [remainder of page intentionally left blank — signature page follows] Page 3 of 4 Ordinance No. 09 -12 Short Term Overlay Zone District 10 -5 -09 ejh INTRODUCED, APPROVED, PASSED ON FIRST READING, ORDERED POSTED AND REFERRED TO PUBLIC HEARING and setting such public hearing for 5:30 p.m. on the 13th day of October, 2009, at the Council Chambers of the Avon Municipal Building, located at One Lake Street, Avon, Colorado, on t nd day of Sept ber, 2009. Ronald C. Wolfe, Mayor Published by posting in at least three public places in Town and posting at the office of the Town Clerk at least seven days prior to final action by the Town Council. ATTEST: ;�v�:'' APPROVED AS TO FORM: Pa Mc envy, to wn Clerk Eric Heil, Town Attorney INTRODU ED, FI LLY APPROVED, AND PASSED ON SECOND READING, AND ORDERED P SHED BY POSTING on the 13th day of October, 2009. Ronald C. Wolfe, Mayor Published by posting by title in at least three public places in Town and posting by title at the office of the Town Clerk.. Town erk Page 4 of 4 Ordinance No. 09 -12 Short Term Overlay Zone District 10 -5 -09 ejh GAP i G � v Q: w � � �J Ot_--n Ora9'NonV !` t i . —. —. —. —. —. —. 1 `2 mo Gs �I I � s I� I� I� I I I Y ; @ 1 J ■ � 1 O � ■ r 0 1 z � ■ 1 w 1 U� W 1 m ■ Q L ■ L O N O O � i � � C CL) o_ Q o L CO Q� J H W 0 IIE 0 WIDNER MICHOW & COX.., ATTORNEYS AT LAW MEMORANDUM TO: Honorable Mayor Wolfe and Town Council members CC: Larry Brooks, Town Manager FROM: Eric Heil, Town Attorney DATE: September 11, 2009 SUBJECT: Revised Short Term Rental Overlay District Summary: Attached is a revised ordinance adopting a Short Term Rental Overlay District. Town Council rejected Ordinance No. 09 -12 at the September 8, 2009 meeting and provided direction to Town Staff to prepare a revised Short Term Rental Overlay District which addressed Council concerns. Council's direction to designate Short Term Rentals as a special review use requires all applications to be quasi - judicial property specific applications rather than adoption of a zone district by legislative action. The quasi - judicial nature of special review use applications presents unique considerations with regard to eligible applicants, noticing, and review standards. These issues are discussed below. Special Review Use: The Short Term Rental Overlay District (STRO) has been revised to designate Short Term Rental as a special review use rather than an allowed use. Special review uses are reviewed and approved by the Avon Planning and Zoning Commission and are not reviewed by the Town Council. Due to the unique nature of Short Term Rentals, additional provisions were included to the special review use chapter as section 17.48.070 which provisions are specific to Short Term Rental applications. Applicant: Applications for special review uses and other zoning applications are customarily submitted by the property owner. For multifamily properties, it is more appropriate for an application to be submitted by an owner, or group of owners, rather than by an owner's association. Proposed section 17.48.070(b) allows the Town to consider an application for Short Term Rental to apply to an entire building or project in order to avoid a significantly higher number of unit by unit applications as well as to avoid the administrative impracticality of monitoring and enforcing individually approved units within a multiunit structure or property. Notice: Avon Municipal Code section 17.12.100(b) allows a notice to be sent to the managing agent or registered agent of the board of directors for condominium projects. Proposed section 17.48.070 would require mailed notice to be sent to each individual unit owner in the subject property as well as on adjacent properties within the 300' Widner Michow & Cox LLP Eric Heil, Esq., A.I.C.P. 13133 East Arapahoe Road, Suite 100 Direct Tel 303.754.3392 Centennial, CO 80112 eheil @wmcattorneys.com