Planning Commission recommends short term rental new applications moratorium

　

　

Trail road at Eder St in West Rico looking north toward Piedmont. Rico Planning Commission approved Dolores River Trail Subdivision conceptual plan for this area September 9, 2022.

Ore Cart photo
March 10, 2022

Rico Planning Commission
regular monthly meeting
March 9, 2022 - 7:00 PM

Contents

1. Short Term Rental Moratorium
2. Dolores River Trail Subdivision
3. Short Term Rental special use permit

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1) Short Term Rental Moratorium

The Rico Planning Commission approved a motion at its March 9, 2022 meeting to recommend the Rico Board of Trustees enact an ordinance placing a moratorium on Short Term Rental applications for a period of at least 6 months or until a new ordinance is adopted.

Discussion prior to voting on the proposal was mostly in favor of the recommendation:

Public Comments

- If a moratorium is not in place there could be an influx of applications due to the pending Short Term Rental ordinance.

- Planning Commission has more influence with the Board of Trustees than do individual citizens.

- There is much citizen concern about Short Term Rentals

Commissioner comments

- Finding short-term housing in Rico is difficult. Moratorium on new applications is not needed.

- Proposed moratorium will not affect the current Short Term Rental application.

- Moratorium would give Town employees and Trustees some breathing room and allow for better communications with citizens.

- Moratorium would allow for better conversation between the town and public regarding the new ordinance with less hostility.

2) Dolores River Trail Subdivision

Map from Conceptual Plan Application for Dolores River Trail Subdivision, Rico Planning Commission meeting packet - March 9, 2022.

Ore Cart edits:
Eder & Picker St labels
& project boundary line

The subdivision conceptual plan includes

• 8 lots
• new road
• access easement from the new road to the Dolores River
• pedestrian non-motorized easement for the portion of the existing West Rico - Piedmont trail road that is within the subdivision

Planning Commission approval is conditional upon receipt of an Engineer’s certification of suitable building sites with regard to updated hazard constraints.

3) Short Term Rental special use permit

Location map - 1 N Commercial St proposed Short Term Rental special use permit application - yellow box. Rico Town Hall/Courthouse is above and across Commercial St. North is to the left.

Rico Planning Commission voted to approve the 1 N Commercial St proposed Short Term Rental Special Use permit application Rico Board of Trustees will consider this application at its March 16, 2022 meeting.

The Planning Commission meeting packet describes special use permit applications review criteria and process.

- (blue text, below) -

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Public Hearing and Consideration of an application for a special use permit for the purpose of short-term rental, 1 N Commercial Street, Justin and Christie Miller, applicants

Special Use Permits are required in Residential Zone Districts for the following:

• Short-term rental dwelling units / accommodations excluding hotels, condominium hotels, bed and breakfasts, motels, lodges, boarding houses and rooming houses
• Day Care Facilities
• Schools
• Churches

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Process

1. Schedule a pre-application meeting with the Town Manager/Planner.
2. Fill out the application and provide the documents and payment as shown on the checklist.
3. Review of application by town manager slash planner for application completeness.
4. Schedule hearings before the Rico Planning Commission and the board of trustees.
5. Applicant shall notice neighbors within 200 feet of subject property 20 days prior to scheduled hearings and post notice at the post office and town hall 10 days prior to the hearings.
6. The Rico Planning Commission hears the request and recommends approval, denial or approval with conditions.
7. The Board of Trustees hears the request and either approves, denies or approves with conditions.
8. If the approval is conditional the applicants must show that they have met the required conditions prior to final approval.
9. Permit issued.

Review standards - summary

The Rico Planning Commission is authorized to review and make a recommendation to the Board of Trustees. Standards for review include the following:

Compatibility with the surrounding area.

The location, size, design and operating characteristics shall mitigate any adverse effects on the surrounding properties.

Proposed use shall not produce noise levels beyond those of traditional uses in the underlying zone district.

Proposed use shall not produce smoke, particulate matter, odorous matter beyond those of traditional uses in the underlying zone district.

Proposed use shall not involve explosives, flammables, toxic and noxious matter, vibrations, or the need for open storage or glare.

Proposed use shall not create undue traffic impacts on Town roads and affected area.

Proposed use shall provide adequate off-street parking.

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Review standards - detail

. . . The application came before the Planning Commission last month during the joint meeting and was continued to a date certain to address the noticing time line and subject property noticing requirements stated in the Rico Land Use Code.

RLUC § 426.2:

The Rico Planning Commission shall conduct a public hearing on any special use application for a SUP prior to making its recommendation to the Board of Trustees. Special Use Permits should be reviewed according to the following criteria (RLUC § 428):

Compatibility with Surrounding Area. The proposed use or operation is compatible with surrounding land uses and with the surrounding neighborhood.

General. The location, size, design and operating characteristics of all proposed uses shall mitigate any adverse effects, including visual impacts, on surrounding properties.

Noise. At no point on the bounding property line of any use in any district shall the sound pressure level of any use, operation or plant produce noise intensity greater than that customarily level of the underlying Zone District and surrounding neighborhood so as to create a nuisance or detract from the use and enjoyment of adjacent property. For the purposes of this section, bounding property line shall be interpreted as being at the far side of any street alley, stream or other permanently dedicated open space from the noise source when such open space exists between the property line of the noise source and adjacent property. When no such open space exists, the common line between two (2) parcels of property shall be interpreted as the bounding property line.

Smoke and Particulate Matter. No proposed operation or use in any district shall at any time create smoke and particulate matter that, when considered at the bounding property line of the source of operation creates a nuisance or distracts from the use and enjoyment of adjacent property.

Odorous matter. No proposed use shall be located or operated in any district that involves the emission of odorous matter from a source of operation where the odorous matter exceeds the odor threshold at the bounding property line or any point beyond the tract on which such use or operation is located. The odor threshold shall be the concentration of odorous matter in the atmosphere necessary to be perceptible to the olfactory nerve of a normal person.

Explosives. No use involving the manufacture or storage of compounds or products that decompose by detonation shall be permitted in any district, except that chlorates, nitrates, phosphorus and similar substances and compounds in small quantities for use by industry, school laboratories, druggists or wholesalers may be permitted when approved by the Fire Marshall as not presenting a fire or explosion hazard.

Flammables. The storage and use of all flammable liquids and materials such as pyroxylin plastics, nitrocellulose film, solvents and petroleum products shall be permitted only when such storage or use conforms to the standards and regulations of the Town of Rico and receives the approval of the Fire Marshall.

Toxic and Noxious Matter. No proposed operation or use in any district shall emit a concentration across the bounding property line of the tract on which such operation or use is located of toxic or noxious matter that will exceed the threshold limits set forth by the Colorado Department of Health.

Vibration. No proposed operation or use in any district shall at any time create earthborne vibration that, when considered at the bounding property line of the source of operation creates a nuisance or distracts from the use and enjoyment of adjacent property.

Open storage. No open storage of materials or commodities shall be permitted in any district except as an accessory use to a main use located in a building in the MU Zone District. No open storage operation shall be located in front of a main building. No wrecking, junk, or salvage yard shall be permitted as a storage use in any district.

Glare. No proposed use or operation in any district shall be located or conducted so as to produce intense glare or direct illumination across the bounding property line from a visible source of illumination nor shall any such light be of such intensity as to create a nuisance or detract from the use and enjoyment of adjacent property.

Traffic. No proposed use or operation shall be permitted where the use would create undue traffic impacts on Town roads and affected residential neighborhoods. Off-Street Parking. Adequate off-street parking is provided to accommodate the proposed use.

Off-Street Parking. Adequate off-street parking is provided to accommodate the proposed use.

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Town Manager’s review

The proposed activity is unlikely to produce noxious odors, smoke or problems with any of the other issues mentioned in the review criteria except possibly noise. As always in these residential neighborhoods, the concern is traffic, parking and dogs. The Town requires that contact information for the local owner or a local representative be kept current and be available to local law enforcement as well as Town officials. We should also require proof that could come in the form of photos that smoke alarms and carbon monoxide detectors are installed in the house and functional.

A renewal review after one year of the short-term rental operation will be required, and at that time, the applicant will be subject to the forthcoming short term rental ordinance.