Approves a text amendment to the Denver Zoning Code to allow short-term rentals as an accessory to a primary residential use, with limitations, where residential uses are currently allowed. (NEIGHBORHOODS AND PLANNING) Approves a text amendment to the Denver Zoning Code to allow short-term rentals as an accessory to a primary residential use, with limitations, where residential uses are currently allowed. IF ORDERED PUBLISHED, A PUBLIC HEARING WILL BE HELD ON THIS ITEM.  REFER TO THE "PENDING" SECTION OF THE FUTURE COUNCIL MEETING AGENDAS FOR THE DATE. The Committee approved filing this bill at its meeting on 4-13-16.
Thank you, Mr. President. Since this is the zoning measure and we have a required public hearing in four weeks, I just wanted to take the occasion to ask staff and anybody who is listening, who intends to come down here for this public hearing on short term rentals. I want to. To make to disclose some of the issues that I wanted addressed at the hearing. Okay. This ordinance is addressing an industry that whose business model is based on violating our current zoning laws. So we're looking at making a fundamental change in how we've regarded commercial activity in residential neighborhoods. So I would like some and I know I've distributed this to members, to my colleagues on the council and a few others. But this is a map of all the short term rental listings in the city. I don't know if Channel eight can zoom in on that or not. As of a point in mid-January, and I know they change from time to time, but it should be apparent from this map that while we are taking a one size fits all immediate legalization of short term rentals in every residential neighborhood, the demand is concentrated in only certain neighborhoods. So I'd like staff and any witnesses who want to testify to address why we should not look at a more tailored approach as to where we permit commercial intrusion and encroachment into traditionally residential neighborhoods. So that's one thing. Also, in our zoning code, we have plenty of provision for what we call home occupations, and we require a process called a zoning permit with informational notice for these. And if a person wants to repair watches in his basement for his customers, that requires a zoning permit. If they put in an art studio in their home, it requires a permit if they want to tutor students home tutoring. It requires a zoning permit. It's matter of fact, one of our home occupations is rooming house, but that's defined as being longer than 30 days. It requires notice to the neighbors posting of the property and a zoning permit. So I'd like to I'd like some input on why we are adopting approach and approach of making this short term rental, which is nothing more than a rooming house for less than 30 days. Why are we making this a use by right everywhere? When the guy next door who might rent as a rooming house for longer than 30 days has to go through all the notification of neighbors. So I need some more input on why we are not being consistent and why we're why we're affording this disparate treatment to short term rentals as opposed to any other home occupation. Did you to do and also the last thing I like addressed is the the amount of resources we believe will be required to enforce this. The reason I raised that is just in the last couple of weeks, I've been able to go through a few of the listings online , and I have found that there are some hosts on some of the platforms who have converted basements into basically into accessory dwelling units under the radar. So they've taken a single family home, they've made a duplex out of it. But in these basements, they have locked doors and they have four kitchens. And so I'm wondering what kind of resources we have to devote to enforcement of our zoning fire and building codes in this instance. So, Mr. President, those are the the major questions I would like to see addressed at the hearing in four weeks. Thank you. Thank you, Councilman Flynn. And for those watching, if you're unaware, should to 61 be ordered to publish? There will be a required public hearing on Monday, June 13th. Councilman, you dropped out. Councilman Espinosa, you got a question or comment or you want to called out. For a vote and just a comment. Go ahead, sir. I just I'm glad to follow Councilman Flynn's comments. I, too, am looking forward to seeing those answers. I have more thorough comments that I have that I'll be saying in the subsequent to 62 Bill. But it's consistent with what he's saying there in that there is a lot a lot of lot that needs to be still figured out. We're going to be the onus is going to be on us trying to solve it in real time after these bills are are passed. If they're passed. And we've been down this road with marijuana. And I see parallels when you legalize something citywide and you're not properly equipped for it. So to that end, when we do something like this citywide, I get it. When we did the legislative rezone in 2010, that was a much more complex thing and nuance thing and whatnot. But this is a single issue and I think this should have gone to the vote of the people. We should be voting on a ballot measure and letting you guys decide and then coming up with regulatory rules, not just putting it out there like this. And I'm not one, I'm not afraid, not shying away from my responsibility as an elected official. But but this is a citywide thing. I actually represent one of those districts that heavily has a lot of stores in northwest Denver. But what what's good for northwest Denver and a couple other council districts may not be good for the balance of the city. And I would like you guys to make that decision for yourselves. Thanks. Thank you. Councilman Espinosa. Councilwoman Sussman, comment to 61. Yes. Just comment. Thank you to my council men for raising the questions. I think that you'll find on the night of the hearing that you'll find some really good answers to those questions. We've been looking at this for two years. It's not the first time we've done a zoning change throughout the city. Just recently, the council did the Cottage Foods zoning change throughout the city. It is a common practice by the city and certainly this is one of those bills that has been studied very closely, not only by the planning staff, but also excise and license and not the least by community members who we talked with for quite a while and look forward to the conversations on the night of the public hearing. Thank you, Councilwoman Sussman. Any other comments or questions? On to 61. All right. That was not called out. So we're going to go to 262 and we've got Councilmembers Flynn, new Espinosa and Susman. I'm sure somebody wants to call this out for a vote. All right. Yes. And I believe Councilmembers Flynn and Espinosa have amendments at offer. So let's first make sure. Councilman Lopez, can you make the motions for us tonight? Yes, Mr.. President. All right. So we'll start with Councilman Flynn. You called out to 62. What would you like to do this? Thank you, Mr. President. You. You read my mind and the script. I have an amendment that would like to allow for a vote. Thank you. All right, so council members that we had an electronic issue, but you should have copies of both amendments on your desk so you can refer to those when the council members offer their amendments. Councilman Lopez. First, we need on the floor to be ordered to publish where you please put 262 on the floor to be ordered published . Thank you, Mr. President. I move that council bill to 62 series of 2016 be ordered published. It has been moved in second. All right, Councilman Flynn, you're at first. Go ahead and offer your amendment. Thank you, Mr. President. I have an amendment to offer that is aimed at addressing the issue of homeowner associations and coven and private covenants that may also deal with the same question. So if I may, I would like to to move this, read this amendment, and move it on the floor. Thank you. Mr. President, I move to amend Council Bill 16 to 62 and the following particulars on page two, line 25. And this refers to the hard copy as opposed to the paginated copy on page two, line 25.