Title:صنعت جدید “کلبه”: مسکن، مسکن، و اقتصاد اشتراکی

این پخش اینترنتی در حال حاضر فقط برای مشاهده در دسترس است و دیگر برای اعتبارات AICP CM قابل استفاده نیست. حمایت شده توسط: بخش برنامه ریزی شهر کوچک و روستایی توضیحات: اقتصاد اشتراکی جدید در دسترس بودن املاک اجاره ای کوتاه مدت خصوصی را مانند قبل ممکن کرده است. تهاترهای مبتنی بر وب برای اجاره های کوتاه مدت، مانند VRBO و AirBnB، چشم انداز اقتصادی و نظارتی بازارهای اجاره کوتاه مدت را تغییر داده اند. این تغییرات در شهرداری ها با هر اندازه ای احساس می شود. در حالی که برخی از جوامع فشارهایی را بر روی در دسترس بودن مسکن اجاره ای بلندمدت تجربه می کنند، برخی دیگر اجاره های کوتاه مدت را به عنوان مکملی برای گزینه های مسکن سنتی ارزیابی می کنند. این جلسه به بررسی رابطه بخش اجاره کوتاه مدت اقتصاد اشتراکی با استفاده از زمین و مقررات مالیاتی و عوامل اجتماعی و اقتصادی در جوامع تفریحی و مقصد می پردازد. با حمایت بخش برنامه ریزی شهرهای کوچک و روستایی.

قسمتي از متن فيلم: Hello everyone and welcome to the webcast my name is Christine derse Davis I’m the executive director of the Ohio Chapter of APA and chair of the Norman ISM division and I am your webcast moderator today March 18th we will hear the presentation the new cottage industry housing lodging and the sharing

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With that I am going to turn it over so we can get started to Brian Daphne and here we go okay we actually need to Philip needs to be the presenter so it could he’s the host of the slideshow there we go perfect I’m MA my name is Brian Duffy

I’m a vice president will be comic and planning systems in our Denver office were urban economics consulting firm with about 50 professional staff here and in our Oakland Sacramento and Los Angeles California offices our Denver office because of our location has done a lot of work in mountain resort gateway

Destination communities in addition to our broader practice in public private real estate transportation and land use and fiscal and economic impact analysis and I’m Jessica Guerra oh and the Community Development Director for the city of Aspen I also serve on the board for the small town in rural planning

Division so thank you all for attending our webinar we’re really excited to get to talk about issues that are facing a lot of communities but really focusing in on how they impact small towns and rural communities Phillip you’re on mute if you’re talking my name is Phillip

Supino I’m a planner for the city of Durango Colorado I focused mostly on housing and sustainability policy for the city I’m a part-time lecturer in the fort lewis college environmental studies department and i’m also very pleased to be speaking with you all today about issues that i feel like are very

Important for our rural and destination communities here all across the country tellapur you having trouble yeah why isn’t the slideshow advancing um try right clicking it might just be the first time try right click your mouse and then hit next it should be you should be fine after this you should be

Able to click as normal after this alright thank you um so again we’re here to talk about a couple of different issues that are very closely related those being the sharing economy and the use of typically private property as short-term rentals in destination communities so to begin that discussion

I’ll talk briefly about what the sharing economy is and is not how it relates to previous means of renting or short-term rentals and then we’ll go through a couple of case studies the city of Aspen in the city of Durango primarily because they have very similar economic and social circumstances but

Very different approaches to the regulation of short-term rentals and then some conclusions and we’ll open it up to questions after that so some some key terms that will use today and they generally get bandied about when we’re discussing issues of short-term rentals particularly those booked online terms like the sharing economy which I’ll

Describe in greater detail in a moment grey market which is a market using regular methods outside of formal regulation those have been around since time immemorial to convey different goods and services there’s also VR which refers to a short term rental rental by owner or RB oh those are typically

Properties that are listed on these online platforms and then VRM crmc which is refers to the management companies that are typically charged with managing these properties on behalf of the owners so what’s what’s the sharing economy before we get into vacation rentals in particular the sharing economy generally

Is focused on is is essentially a peer-to-peer or collaborative economy it’s built around the sharing of human and physical resources another way to look at it is the leveraging of information technology ie the Internet to allow the distribution and sharing and reuse of excess capacity in goods and services so

In terms of vacation rentals the excess capacity which I’ll describe in further detail in a moment is the unused second home in a destination community some of the key features of the sharing economy as it’s been defined in the last decade or so again excess or shared resources desirable commodities you typically the

Internet and web based platforms and those platforms need to connect trusted brokers of goods and services to trusted user groups taking advantage of those goods and services to allow them to take advantage again of those goods and services without necessarily having to own the item involved the rhetoric of

The sharing economy in the tech industry in general tends to be a little grandiose at times it is quite true that the tech industry has enabled new forms of Commerce and shifted economic power centers away from traditional models to non-traditional and decentralized model but from the quotes above the idea that

One could belong anywhere in a social context or that were preferences or is that we now have preferences for assets over ownership in terms of the goods and services that we that we want and that we need those are broad claims that I feel like really have yet to be borne

Out in a universal way they might be true on a case-by-case basis based on one’s lifestyle but in terms of the overall function of the national or global economy I’m not sure that we are belonging anywhere the way that Airbnb might hope that we are and again in

Terms of tech industry rhetoric they use terms like revolution and disruption and paradigm shift to typically add some emotional weight to the narrative associated their business model and I think the term disruption with regard to vacation rentals is appropriate because there were traditional means of renting private property in destination

Communities that have been shifted or disrupted with these new sharing economy platforms so while the rhetoric can be sweeping it’s not entirely inaccurate when it comes to vacation rentals um some of the major markets in the sharing economy and this is changing all the time as the tech industry expands and

And changes all the time but its retail and commercial activities transportation which typically takes the form of ride-sharing intellectual property and creative industries finance industry Kickstarter is an excellent example of that hardware and durable goods being shared amongst individuals or community groups in commercial and residential real estate and there will undoubtedly

Be additions to this list in the future as the tech industry certainly has a knack for monetizing just about anything that they can get their hands on so in a sense the sharing economy constantly expanding and destination communities are impacted most directly by the sharing of residential real estate and

That’s what we’re here to talk about today the most obvious example being vacation rentals the underutilized asset being monetized in the sharing economy in again the vacant second home here in Colorado study which conducted in 2005 demonstrated that approximately seventy six point four percent of the home of

Owned by a second home owner is an underutilized resource based on their occupancy so the idea that a platform can enable them to monetize at unoccupied time for their property can be very appealing and that’s why you’ve seen vacation rental private vacation rentals proliferate the way that they have now

Online booking platforms are a major business Wall Street and Silicon Valley private equity firms are paying a lot of attention to this industry just based on the amount of money you can see that has been put into the industry just in the last few years the platform’s use other

People’s assets adding value for owners again to their existing property where there might not have been value before and you can see from the quote at the bottom to go from 60,000 listings to over a million listings is a tremendous growth for an industry that’s been

Around for in a real way for less than ten years and the idea that there are is the growth potential for ten million additional vacation homes to be added means that the business model is extremely lucrative and extremely successful it’s a major growth industry as you can see it puts an

Ever-increasing amount of pressure on the supply of vacation homes in destination communities because the money associated with that activity can be so attractive you see 23 billion dollars in vacation rentals in 2012 it’s almost ten percent of the u.s. travel market in 2012 and that number has undoubtedly gone up over a million

Rented nights an average daily rate that if that have taken over the course of a year with fairly consistent rentals can again proved to be very lucrative and one in four rental by owner properties are owner-occupied and that distinction is important because an owner-occupied property may have a room for rent or an

In-law unit or accessory dwelling unit for rent but it is an owner-occupied property and those typically are handled differently from a regulatory standpoint and fun owner occupied or second home type properties and it’s worth noting as well I register 2012 focusrite study there’s very little reliable data about

This industry available that 2012 or excuse me 2013 focusrite survey is really the only national study of the private vacation rental market and how it relates to the larger larger travel industry I imagine that will change because this issued attracted so much attention in the last few years but presently there

Is not an overwhelming amount of data available as I mentioned earlier vacation rentals are not new the old method of listing and booking a private home for vacation purposes typically involves the telephone book telephone a sign on the outside of a house or building and word of mouth if you had a

Friend who had visited Aspen five years ago and stayed in a private home them might have told you what a nice experience they had and you would reach out directly to that property owner to rent that house whereas today again with online internet based booking platforms Airbnb and vrbo being the most obvious

Of those platforms anything from your desktop to your handheld device can get you a private vacation rental booking in a matter of minutes so the speed at which it can happen and the the options available to potential owners or excuse me potential occupants has gone up considerably so why do we need to

Regulate vacation rentals other than the private property owners argument that it’s private property and they ought to be able to do with it what they want the industry itself makes some arguments against regulation and they’re not unique to just the private vacation rental industry a lot of these arguments

Are made by companies throughout the tech industry but the tech industry in general is typically averse to regulation again not just for vacation rentals the belief is that the market itself should dictate the way the industry functions that government is slow and reactionary and in the case of

The private vacation rental market it’s pretty hard to argue with that claim most communities are pretty far off the back in terms of regulating this use and the community model that a lot of them employ which includes public profiles for both property owners and for renters and the ability to rate people

Interactions through through their rental experience ought to provide quality and impact control sufficient to make the industry’s function properly and again this is the claims the industry but there are a lot of aspects of the business and its impacts on communities which this which there are sort of social media platform doesn’t

Properly address those aspects are often central features of community development planning and regulatory activities in cities around the country they include residential character collection of taxes maintaining equity in the lodging industry between traditional lodging and non-traditional or VR lodging options and then basic health and life safety issues there are

Economic and social dynamics at play and destination communities in particular which are unique and challenging to planners and which need to be addressed in the approach that any community takes to regulating vacation rentals and so with that I’ll turn it over to Brian to discuss destination community trends in

General yep I’m just I’m going to give up stand over a couple of really common themes in planning and economic development and any types of communities that have have shaped at both a fanta rangos approaches to regulating our BOS next slide please okay um destination communities on these are places that

Have a large portion of your economic days and tourism and in related industries like second third and fourth homes they’re great places to live great places to visit vacation there’s really high quality of life often centered around natural amenities on in Athens case of ski area and because of the

Large visitor population that comes in they can support amenities that are typically what you typically need a much larger community to support they appeal to a pretty broad cross-section of people on not only the sort of mountain sports folks but also a lot of retirees and part-time residents increasingly

Entrepreneurs and what we call location neutral workers people that can telecommute from anywhere or just live off portfolio income they really like to live in these places on they also really strong name and place sort of brand recognition and that drives a real estate market that is national and even

Global so they’re just really attractive places on the second home and investment property and of course some of these beams apply to larger cities particularly coastal cities with large drawers and drawers New York San Francisco Washington see Orleans next please so these you know I think that

Some of the takeaways from this are certainly not limited to mountain communities to really common planning economic development games in these types of places are attracting visitors and that’s to expand or maintain market share and workforce how on the visitor side the reality is like some of these

Sort of love hate tension between the locals and the tourists is that the tourism really is a big part of the economic base in these places a lot of everyone’s trying to work on economic diversification but tourism still supports a lot of jobs and a lot of municipal revenues that are needed to

Sustain just the same quality of life on the housing side in in Aspen there is nothing available under at least a million dollars it’s such an expensive community that the sort of traditional median income and am I figures don’t matter so expensive it they’re looking at a depth restrictions in addition to

Height restrictions are starting to get two-story basements because the land is so valuable in Durango the median house price is about 367 take that in context in it’s a city of 18,000 people about three hours from nearest interstate a pretty expensive community so just going to tell you Aspen strategy really

Focuses on trying to enhance their tourism bed base and all to capture more lodging tax day and other mountain communities are kind of competing for the market share with other winter mountain resorts and the prospects for growth in that industry are not particularly strong as the mission becomes more diverse and as

Wages continue to stagnate and wealth is concentrated in the top earners Phillips going to talk to you about a edition Aspen again they’re trying to leverage the vacant homes right a lot of these homes are occupied only a few weeks a year so there’s a lot of unused capacity

There that can be that can be leveraged the Phillips going to talk to you about the impacts on neighborhoods particularly dark blocks impact on neighbors adjacent property owners owners have some availability for locals which is critical for attracting and retaining employees of big economic development teeth and again on the

Housing side part of what visitors come to these places for is the local experience and if the locals are displaced by high housing costs that experience it degrades next please oh just some data on the studies we’ve done in similar communities that shows the magnitude of visitor economy in many

Cases the sales tax that the local governments are getting is it’s well over half a half generated from visitors next and the land use and development context is particularly important to consider especially in terms of the impact on housing and when there’s an e e to redevelop or daft obsolete resort

Property there’s a lot of old stuff that’s been built in these communities that is just is tired out of date and not particularly appealing on the physical side just simple things like topography public land land values are really high which automatically draws high housing costs they often have difficult meant climates from the

Developers perspective pretty discretionary open-ended processes as well as a very highly engaged and highly educated public so it can be very difficult and unpredictable doable for developers to move projects through the process and these things just multiply the housing affordability challenges in these places next on the

Real estate side one thing that happened after the Great Recession is that people been owned on real estate new types of places particular resort condos they became more sensitive to ownership costs really high HOA management fees and the rbo provided we offset those costs you can manage the property yourself to your

Own marketing instead of paying about forty percent to a rental management company so it’s just another incentive if you’re considering to considering buying on a second home or an investment property in a place like this but it’s another another motivation to do so because you can you can generate some

Revenue out of it then you know again that’s going to put more more pressure on the local housing supply but at the same time from from a resort community like Athens perspective about forty percent of their guests stay in condos and homes so it’s a really important

Part of their bed base and they want to be able to provide as many options that can deter guess next the continent’s always have to have data this just shows some transient second home construction in similar communities second home construction and growth has really outpaced local housing growth in almost

All of these places next and because these places attract wealthy people from all over the country and all over the globe that’s where the market price were real estate is set and you end up with really deep decoupled housing market from the local economy in Teton County County Wyoming a great example the

Average wage is 16 times I’m sorry the average home price in 16 times the average wage ask them it’s only 14 times the average wage compare that to the US average of about four times the average wage next at this slide largely speaks for itself

You know the other side of the coin that many locals will talk about as well is that you know they can offset their housing costs we are being expensive to live in these places they can gently generates an additional revenue by renting out a spare room so that’s

Another balance of these be considered in in regulation I think it’s over to you Jessica thank you so Philip and I are both going to talk about case studies here in aspen and durango so i’m going to start off with aspen aspen is in the rocky mountains in colorado we’re

In the elk mountain range and next slide we started out in the 1800’s as a mining community and we went through a period of time called the quiet years in the 2030s into the 40’s where we lost a lot of population and then as you can see

Here skiing really took off in the mid century so we have a strong history of skiing here and having folks come and want want to be here in terms of demographics Aspen has just over 6700 at full time residents but we can reach up to 35 or even forty thousand people when

We’re at peak capacity so when folks are coming here for new years eve or they’re coming for fourth of July we really fill up and so we have a real need to accommodate folks who want to stay here in traditional hotels and lodges as well as in residential units it’s important

To note that we have about six thousand total housing units within the city of Aspen and all of the third of those just over a third are actually in deed restricted affordable housing units we have a really robust program here that allows locals like myself to live and

Work in the community but it also means we have a lot of second homes in in town next slide Aspen is typically thought of a winter destination we’ve got World Cup racing X Games winter school and that’s really where folks think of Aspen and folks are coming in the winter they stay

For ski vacation eight to nine days so it’s a really important part of our economy next slide but summer is also incredibly important it’s becoming just as busy if not busier than the winter seasons there’s a lot of events that happen here a lot of outdoor activities hiking biking we’ve got biking events

The Aspen ideas festival jazz and snowmass the food & wine classic we’ve got a lot of folks coming here and some are coming just for a weekend for the event we’ve got a lot of people who come and they want to maybe rent a house in

One of the neighborhoods and stay for a month so that they can attend all of the music school activities or attend all of the aspen institute activities so it’s a kind of a different market in the summer as opposed to the winter next over the past few years we’ve really tried to

Look at this issue as vacation rentals became more popular we also were looking at our traditional lodging and what’s the history of that Ben and since the 94 95 ski season our traditional lodges have declined our bed based has declined by about thirty percent and the losses were particularly high in our economy

And moderate sector with an almost eighty percent decline since the mid-90s and these were lodging units that were converted to oftentimes other uses so affordable housing or free market residential uses so there’s definitely fewer rooms now than there were in mid 90s but we have the same or more people

Coming so we needed to figure out a way to to address that declining bed base and accommodating our visitors next so as part of that study we were we were actually really shocked to learn that as it is now with even without the sharing economy gaining steam here forty percent

Of folks who are coming we’re staying in or single-family homes they were using a traditional vacation rental companies through say Aspen Snowmass or other organizations here and so this was happening before this industry turned really electronic and it’s a lot easier now but it was really an important part

Of our bed base and so we wanted to recognize that next so our old vacation rental regulations basically they like many communities prohibited almost anywhere on the orange area here that is our lodgings own district and what we used to say is you could have short-term

Rentals so a weekend two weeks a month you could have those in the lodgings own districts anytime you wanted everywhere else it was you could have to short-term stays there were 30 days or less so you could do that twice a year I think that’s traditional of a lot of

Communities what we began to see is that people were not really following that it was really difficult to enforce we didn’t have any kind of licensing requirements and so we knew that we were missing out and once we did some studies we were missing out on at least 90

Thousand dollars a year in sales tax and lodging revenue so we started to look at the issue on beginning in 2010 and into 2011 and looked to other mountain communities to help us really tackle the issues so we worked with cast which is the Colorado Association of ski towns to

Really understand what kind of regulations were out there next and what we found is that there were pretty consistent trends communities were addressing vacation rentals in a variety of different ways but things like off site manager adequate trash and parking areas were pretty common some communities had signage standards others

Require building or zoning inspections and a few at the time required collection of sales and lodging taxes next so what we did as we were pulling all that information together and trying to decide how we were going to crafts and new regulations we we took everything that communities were doing

And we put it on the table we gave it to our Planning Commission we gave it to City Council and said these are all of the things we could do we could limit the areas we could have some minimum parking requirements up here we have a lot of wildlife and bears getting into

Trash and so we thought it was really important to have some kind of specific trash requirements we also looked at this idea of having a local representative for any vacation rental because we have so many second homes here we thought it was important to have that conversation of you know if you’re

Here in town maybe twice a year for a month each and you’re renting your house out the rest of the time how are we going to get in touch with you if there’s an enforcement issue so we felt that the local representative was something that was important and then we

Looked at all kinds of other things signage should there be some kind of special notice to neighbors what kind of permitting should we look for next and really the goal of all of this was to keep Aspen fun and funky we have a reputation of being you know world-class

Ski resort which we are but we are also a real talent with real people who have fun you know bowling on the monastery in malls it’s a fun place and so we really wanted to make sure that any regulations were really true to who we were as a

Community next and we also recognize that we wanted to attract younger demographics the x-games crowd but we didn’t want neighborhoods to turn into a constant scene of partying and as we went through the process through public hearings there were a lot of concerns about you know all those people are

Going to come and are going to be in the hot tub until one in the morning and what are we going to do about it so there was a real concern from folks who live in the neighborhoods where were these things were starting to profile a

That that noise was going to be a major issue so it was something that we needed to keep in mind next we had a year of discussion with pansy and with City Council and what they ultimately decided was that a streamlined and straight forward set of regulations made the most

Sense for ask them so we allow short term rentals in any residential unit in town with the exception of affordable housing units as a community development department we do not regulate what an HOA could do or how deed restrictions are written so individual homeowners associations are able to outlaw them in

Outlawed vacation rentals if they want but from a city perspective they’re allowed really anywhere we do require homeowners association notification we signed business licenses and a vacation rental permit and the vacation rental permit they have to saw I certifying that the homeowners association knows about the proposed rental and approves

It we require that local owner representative that was one of the most important things that came through the public hearing processes we really wanted to make sure that if there was an issue we had someone locally to contact to help fix it as needed and then we require everyone to meet applicable city

Codes noise wildlife and they have to remit sales and lodging tax we allow signs on properties that we don’t require them what we felt is that requiring signage on on buildings saying you know here’s the contact information for the local representative or this is the company that it’s rented through we

Thought that that didn’t really fit with the aesthetics here and that you could have a sign if you wanted but we weren’t going to require it next and since the regulations were approved in 2012 it actually has been pretty much a success vacation rental permits have doubled we

Have a quarter million dollars in new revenue and we have had zero complaints from neighbors about noise about compliance with with other city codes it’s been pretty successful and I think part of that is because it was actually happening already it was already going on in these neighborhoods and if there

Was a noise complaint with maybe already getting address and so it’s been pretty successful next but there’s still some issues so Airbnb has put kind of wrinkle into it if you will our regulations do not allow individual room rentals you have so you can only rent an entire home and Airbnb

Just makes it so easy to run out individual rooms and so there’s a compliance issue there and there’s also an issue of we need to make sure that everybody registers and and get the permit and is remitting taxes so far Airbnb and other websites have have started collecting sales taxes for

Larger markets but they’re not interested yet at in working with smaller communities and so one of the things that we’re looking at is how can we coordinate with other mountain resorts through cast Card Association of ski towns and others to address it as a coalition next and then as I mentioned

The deed restricted units a lot of folks who live in affordable housing they’re still working two or three jobs and renting out a single room or even their entire house helps them stay here but they can’t do it because it violates their deed restriction so there’s some compliance issues there and some

Discussions that we need to have moving forward on how to address those issues next so quickly key takeaways outreach is really critical and really being true to who you are as a community is really critical simple can sometimes be better just allowing it it’s happening having some basic requirements you know local

Representative meeting basic trash and safety requirements it can be easy and continue to work enforcement is going to be ongoing no matter what type of regulation you put in there’s always going to be enforcement there especially as the market continues to evolve and then the other point I want to highlight

Is that there really are opportunities for municipal coordination and it’s something that accent sound really successful in working with cast and we continue to do so so that’s one way that small towns can really band together to get the attention of these companies in a way that maybe Portland in Austin and

Denver are able to but we can’t because you know where like 6,000 people so that’s really important thing moving forward and I’ll turn it over to Phillip thanks Jessica so Durango is a very different community from Aspen but as I said in the beginning of the presentation there are

Some very there are some specific unifying factors between destination communities and that’s certainly the case between Durango and Aspen some of the two of the features or amenities that make Durango and destination community we don’t have a ski area in town but we have over over a thousand

Miles of mountain bike trails and three thousand acres of conserved open space on the edges of our downtown we have a nationally recognized historic district Durango silverton narrow gauge railroad is the world’s largest toy train set that runs out of our town and up into the mountains pretty much year-round and

Then the southwestern cultural resources that the Four Corners area is well known for and these factors combined with our proximity to for ski areas and a fairly extensive system of public lands to make durango a very appealing place to visit in to own a second home our demographics

Are different from aspen is in that we are almost twice as large in terms of year-round population our median family income is orders of magnitude smaller than what you’d find in aspen in pitkin county but our projected annual growth in terms of population is extremely robust again because of our appeal

Because of our amenities as well as the relative affordability of durango for your income detached worker for your second home owner for your retiree relative to some other destination communities so we are experiencing some growing pains right now in addition to some of the normal depth for demographic issues at play and destination

Communities durango is also a college we are home to Fort Lewis College which is a four-year liberal arts school it opened in 1950 and it’s actually part of the Colorado State University system and it’s a major economic driver in our community we do experience town and gown relationship issues which can be very

Complicated and certainly not unique to Durango but the relationship is absolutely mutually beneficial in terms of how that relates to our in town population almost nine excuse me almost 4,000 full time students the large majority of which live off campus in our market rate housing almost a quarter of

Our residents are FL excuse me a quarter of our renters are FLC students are excuse me fifteen percent of renters are FLC students and so needless to say they have a big impact on our local housing market and speaking of the housing market it’s fairly stressed our area

Median income is relatively low for destination communities and has pretty much flat lines for the last ten years were very modest growth but as you can see both in town and out in the county home prices have certainly not flatlined and actually the gap this year between

What area median income can purchase in terms of a home relatives to home prices in town the gap is almost seventy thousand dollars so that’s a significant gap that needs to be bridged for our local workforce to be able to get into market rate housing our rental market is

Even more strained than our forced sale market our vacancy rate remains below two percent it may be presently below one percent but it’s hovering in the one to two percent range which by any definition is a severely stressed rental market that has a negative impact on prices again relative to income and the

Ability not only of our college students but of our workers to obtain decent affordable rental properties in which to live and so we had existing vacation rental regulations we’ve had vacation rental regulations of one form or another going back almost two decades the the regulations prior to just the

Last few years we’re fairly simple and modest and they were about making sure that the property was safe to be rented but as we realized that the pressures being introduced into our housing market as well as a number of comments and complaints that were received by the Community Development Department in our

City council with regard to the proliferation of these private vacation rentals and some understanding of emerging regulatory standards I mean in in other communities we sought direction from our City Council to draft new more robust vacation rental regulations and that process started in 2012 again with

Sort of recognition of the issue from a few different angles staff researched the the issue and some regulatory approaches and other communities as well as the economic forces behind this new market and then we held a series of public meetings we would have what I would describe as a robust public

Process as well as a political process simultaneous to that to ensure that we were getting the input from stakeholders from community members to make sure that whatever regulations we ended up developing reflected not only the needs of the community but the will of the people who were being impacted by it

Whether they be on the vacation rental side or not and so that’s one of the unifying factors between between us us and Aspen is that robust public process and we encourage any community of looking at regulating vacation rentals to engage in a similar process that’s not to say that it’s smooth our public

Meetings went as most public meetings about contentious issues tend to go the issue really gets people fired up unattended but it’s very important to engage in that dialogue to make sure again that the regulations you come up with are effective and so the big takeaways for us from that public

Process and from speaking with other communities were broken up into three categories there’s housing impacts neighborhood impacts and lodging impacts and in Durango in just as in Aspen we had a robust existing tourist economy therefore we had a robust existing traditional lodging economy it was important for the owners of those

Businesses and their constituents to make sure that as we went about regulating vacation rentals on the private market that we did so in a way that help to protect our traditional logic sector but also the neighborhood impacts like parking noise wildlife and dark blocks were were big takeaways from

The public process and in the housing impacts which were less well understood by our residents than by our planning staff but no less important in terms of our overall approach and so the rationale that we took in designing our regulation was first to foremost neighborhood and quality of life and

Housing preservation making sure that those three issues were first and foremost and that private vacation rental uses didn’t happen at the expense of those priorities housing was sort of the most unique and consequential outcome of our regulatory development process the problem of workforce housing in our community is certainly not unique

To Durango and it should be an important consideration really for any community with destination community demographic profiles to keep in mind the design regulations and so our specific regulations included allowing the uses only in a limited number of zones having a spacing requirement which I’ll describe in

Detail in the next slide an occupancy limit and that accident limit is based on bedrooms regulating the appearance unlike Aston we did not allow any signage for these uses and the properties must be well kept the rationale for the signage was that we didn’t want to change the residential

Nature residential land use nature of any of the properties with a vacation rental permit the parking was to be done on the property itself only no off-street parking we also require an off site manager contact information to be provided to the city as well as to the occupants and life safety and

Wildlife code compliance and we issue a revocable permit and we monitor those permits not only on a complaint based basis but also on an annual inspection basis so the dark block issue was one that was particularly important to us in terms of preserving neighborhood character and what I mean when I say

Dark block is a block in a residential neighborhood that has gone over entirely to second home ownership or to vacation rental home ownership we did not want to see that type of activity proliferate enough in our community so that our neighborhoods started to feel hollow during the shoulder seasons and the way

That we address that was through the street segments cap so in any one street segments you can see in the diagram here you can only have one green star or vacation rental permit issued for that street segments and we maintain a map of all permits issued for vacation rentals

In the city to ensure that even if a neighborhood has not met its overall cap we would not issue a permit to an applicant if they live across the street from or around the corner from an existing vacation rental permit and so this is a very important strategy for us

Our process is like most land-use processes in our community you fill out an application you pay the 750 dollar application fee which is a high fee relative to our land schedule we set the fee high because we wanted to make sure that we were only getting applicants who are serious about

The land use because we restrict the number of permits available with your application you have to provide a site plan following the receipt of a complete application we noticed the property and send notices to property owners within 300 feet of that property informing them of the proposed land use and soliciting

Comments following the public comment period if the application is complete and uh provable we conduct an inspection for all of our life safety and wildlife related regulation and then finally the end result of this process is the issuance of a limited use permit which is again revocable and non-transferable

And that last part is important to us as well because we wanted to make sure that houses that were issued a permit for vacation rental did not remain a short-term private vacation rental should the property change hands we wanted to make sure that those permits were made available to other property

Owners and that those properties could go into owner occupancy after the sale we also require business licenses and lodgers tax licenses for short term rentals that goes through our clerk’s office there are also fees associated with that and they’re required to remit those taxes in accordance with our

Tactic schedule here in the city and I you know really the the outcome of these regulations for us is what we would describe as a limited but healthy market again it’s not a lot in all zones and there are enough for there are enough permits available for the use to remain

Competitive among those people with permits you see people trying to beat each other on price point or proximity or amenity in there in there in there listing and so the market does function properly but we’ve prevented market saturation and the resultant impacts to our housing market that you might see

From that and it ensures that it’s compatible with our existing initial neighborhoods it hasn’t proliferated to the point where our neighborhoods do not feel like functional neighborhoods anymore and this is a map of the existing and pending permits in our community we have about 60 total permits out of

Approximately 8,000 housing units which is a relatively low number but again that’s so not so low as to is to make the market uncompetitive and you can see in this in the inset map one of our existing neighborhoods old durango and the spacing requirement working fairly

Well in terms of ensuring that no one block or no one part of that neighborhood has seen an over proliferation of vacation rentals so with that I’ll turn it back over to Jessica hey thank you so there’s a couple of trends we just wanted to wrap

Up this and this is from experiences in both Aston and durango as well as from some other communities but really having a public process is is critical and engaging the community engaging neighborhoods so that they can talk through these issues and provide some good feedback to elected and appointed

Officials most folks require licensing require the collection of lodging taxes and most communities are pursuing the week delinquent lodging tax folks and it is tough when the websites don’t always work with you but it’s something that’s really important to make sure that there is compliance there’s some specific

Zoning regulations on Russell by owners like Durango Aspen is a much looser which I do want to highlight it is unique for Aspen we feel like you need a land use process to sneeze here so it’s unique that we’ve gone more of the way they fair approach on this but it really

Works for our community everyone enforces zoning restrictions and we’re all really monitoring monitoring the size of by owner market through internet searches and through other means just to make sure that there is a compliance next and in terms of regulation trends kind of the low regulation side is a

Spin business license remit your sales tax and lodging tax make sure that you’re complying with life safety and up here trash regulations hi regulation communities like Durango tend to limit their location and time frames to rentals they have sometimes special signage neighbor notification and they have additional parking requirements

Just as a general this is what we’ve seen in the regulation versus hi regulation next and its concluding it’s really important to know there is no uniform solution this is not a one-size-fits-all every community is unique you need to adopt the regulations that make sense for your community ask

Yourself in the community what are the goal and what are the issues that you’re trying to address so that you can craft those regulations to make sense for the unique situations in your community and that is the conclusion of our presentation because Kristina toss it back to you for questions perfect good

Timing okay and we have a lot of questions so I’m just going to kind of start railing them off I think the easiest thing to do just so that those that are listening can kind of stay in tune for who we’re talking about I’m going to refer to you not as your names

But as like Aspen or Durango so if you hear that and you know it’s you just go ahead and pipe in I think that might be easier just so people can kind of keep track um so first question Aspen how to the affordability controls NASP and work

To keep the units affordable what price rent is affordable in Aspen so our affordable housing program has affordability requirements which range from an average income of 30,000 up to average income of 200,000 so we have a broad spectrum of folks who are accommodated by our affordable housing program we do not define affordability

For the lodging market that said for here it typically is three hundred dollars a night or less is what’s typically considered in the moderate category once you’re getting down to 200 150 and less those are really are really affordable lodges but we don’t have any regulations or requirements around that

Okay and are the 2012 regulations adopted by aspen found somewhere on the website so folks can take a look at them yeah definitely and they’re buried in our very large land use code but if folks want to email me I can get them a direct link to that section ok and again

Then that’s Jessica so folks if you want that you can see your email address on the screen next question a spin why how come there isn’t a single room rentals available in Aspen what is the harm problem with doing so so part of it was the conversation at

The time and a concern that there was for whatever reason going to be a lot of coming and going with that it was maybe less consistent with the neighborhood character so if you’ve got someone coming in and renting an entire house folks felt more comfortable with that

It’s something that we are going to need to look at in the next few years probably not this year we just declared a moratorium on development cheers no not this year but maybe next and it’s really important in the affordable housing units and making sure that that those units are really housing local

Working residents it’s a really important program to make sure that folks can live and work here and so that’s why it’s not really allowed in those units but for other units it’s something that we need to look at because in our experience I’m not sure that the impacts have have borne out the

Way that folks were afraid of okay great and I guess going along with that someone commented we have seen large homes run it out to ski teams and clubs where 30 people end up in stacked bunk rooms and single-family neighborhoods and they come in by the busloads are

There any examples of that that you’ve seen and how you deal with that you know we haven’t really seen that I’m here partly because for some folks who have maybe a second or third or fourth home that those really larger homes that they’re not the ones that tend to be

Available the ones that tend to be available are into the smaller more modest traditional like miners cottages and things like that but we do have regulations on on parking and so it would just be an enforcement issue if that came up but we haven’t actually experienced that now that I’ve

Said it of course yeah right exactly sorry okay next one that lets give you a break Durango Philip could you please explain a little more what a dark block is yeah it’s it’s not a particularly scientific term it just refers to what happens in two neighborhoods on a

Block-by-block basis as they turn over particularly to second home ownership if you don’t have owner-occupied homes in your residential neighborhoods you have second homes or homes they’re bought by a remote owner purely to rent out as a vacation rental then you end up with very quiet very dark at night blocks

That don’t function the same way as a traditional neighborhood does and it tends to over time hollow out the aesthetic and the community character of those neighborhoods and of the community at large so it’s sort of a again an unscientific term meant to capture the overall long-term effect of second home

Ownership and vacation rental home ownership on a neighborhood and on an individual block okay so with that we have a couple questions on the one per block cap um how how does that work in terms of equity even with that high fee of seven hundred or so dollars some

Might buy a permit to make sure no one else can do it on their block and in some jurisdictions calling it a licence rather than a permit can be a clearer way to ensure the revoke ability any comments on that yeah so the I guess

I’ll take I’ll take a stab at the first issue which is that of equity one I don’t think that our department and their community sees access to a vacation rental permit as an issue of equity or fairness this is a land use that’s permitted only in specific areas

And with a permit and there are standards for the spacing of that land you and if you know the way we did the permitting system with regard to our neighborhood caps was on a first-come first-served basis because we’re not in the position of running some sort of

Lottery system or a waitlist and so we really never we really never looked at it in terms of equity because this is it’s a very specific land used opportunity that we were only going to make available on a very limited basis and so the argument of equity sort of

Wasn’t really part of our conversation here as a as a community as much as discussions of proliferation were which was a much bigger concern okay so someone fills out an application and then there’s neighbor opposition what happens then is there just ever we were together and talk about it or how does

That go how does it move forward from there right there would have to be some legitimate land use based or a regulatory based opposition to that proposed land use it can’t just be you know I don’t like my neighbor so I don’t want him to have a vacation rental

That’s you know that’s insufficient for the to sort of obstruct the process but if a neighbor were to bring to our departments attention the fact that the property couldn’t accommodate the number of off street parking spaces that the applicant claims to be able to provide or that the property was unsafe for for

Some reason or that the property had been operated as a vacation rental in the past without a permit and that that activity was done in a way that was sort of disturbing to the surrounding neighborhood then those might be complaints that we would further investigate and allow the applicant and

Opportunity to remedy or reconcile before we denied the permit but that that neighbor comment process provides us as much as anything the opportunity to demonstrate to the surrounding neighborhoods and to our community that we are open to and responsive to community input risk regard to propose to you know proposal

And uses okay one more for you and then I’ll I’ll give you a break how is the total number of licenses allowed determined and how were the spacing requirements between the rentals determined and is it spelled out very explicitly somewhere but so in terms of

Spacing the one per block was a sort of very easy conclusion to come to in terms of how to space them we you know one is no more or less arbitrary than two or three or four and if the issue which was raised by a number of our residents is

Proliferation and loss of neighborhood character then the lower number seemed like the right number to go with in terms of the overall neighborhood caps that we have there is not a relationship between the number of permits available and the number of blocks in a neighborhood right it one approach that

We explored was counting based on the 14 block standard counting how many permits that would provide for in each neighborhood well it turned out that the number of permits that would provide for was extremely high relative to what we thought the carrying capacity of those neighborhoods would be so there’s not a

Direct relationship again between the 14 block standard and the overall neighborhood cap numbers that we established the cap numbers was based more upon what we thought was a reasonable number for the whole neighborhood as opposed to again the sort of one per block standard and the

The process that we use to get to those numbers was not codified it was just part of our policy development process I was conducted both during public meetings through discussions with stakeholders and then internally at the at the at the staff level when we were actually drafting the policies okay

Thanks um this next one is is for everyone and I guess maybe we’ll just start with Jessica could you explain the penalty or the violation fee for getting caught renting without a permit sure so we don’t have a specific violation penalty for we’re not getting a permit here it would fall under our

Typical you know you’re violating the zoning requirements and other city requirements penalty so first we we go and talk with folks and say looks like you’re you’re renting and you don’t have a permit you need to get a permit and there would be a certain period of time

Typically 15 or 30 days for them to rectify that and if they don’t then there’s the option to some of them into municipal court and collect fines I think we’re at five hundred dollars a day and we haven’t had to go that route yet on anybody but that option is

Available for us anyone else want to take a stab at that sure this is philip and durango we don’t have again just like Aspen a specified penalty or violation fee different from our zoning code non-compliance penalty we just like Aspen we notify people renting without a permit that they’re in violation of our

Land use code we tell them what the what the options are for obtaining a permit or see seeing the use and give them a timeframe for doing so if they continue to violate the code then it’s three hundred dollars per violation per day and we if they continue to not comply

Then we cite them into court and we have cited a number of individuals into court we have a fairly ordinary population down here some of whom are not as welcoming of land use regulations as you might see in other communities and so what we have had to cite people in the

Court and the outcome of that has typically been the cessation of use and I’ll add one we’ve had some issues where the owner of the property is renting it out on a long-term basis so some and the person who’s renting the property is actually advertising it as a

Vrbo or Airbnb or something so we have had one or two complaints on that and and that’s just been a conversation with the homeowner who had no idea their house was available for rent on vrbo and they had to then deal with with their renters but in those situations the city

Ended up not getting involved because the homeowners themselves were we’re addressing the issue okay thank you this is an interesting question okay so uh let’s say someone is renting and their home and they’re not doing it through a site they’re just doing it personally how how do they get taxes collected how

Does that process work and do you follow up on it yes so this is Jessica so as part of brass and getting the vacation rental permit you have to get a business license and as part of that business license we set you up as a vendor so it

Can be an individual if someone just wanted to rent their their house most folks tend to go through a local rental management company but you would just get your business license you are listed in our system and then you have to track how much you’re renting for the amount

Occupancy and then you have to file those those with the city okay about Durango we actually have a very similar process if you’re just renting as a private individual not through a site you’re required to have the same permitting and licensing as if is if you’re renting through vrbo and I should

Note that as Jessica mentioned in her portion of the presentation presently vrbo air B&B and the other platforms are not assisting small communities in the remittance of taxes and fees there are also not assisting small communities or large communities for that matter in requiring land use permits and

Regulatory approval to list on their sites so whether it doesn’t really matter how somebody is making their property available if they’re making it available for short term rental and they have to follow our regulations okay um this is interesting for for everybody do your communities work with these website

Host businesses like vrbo and air B&B do you have any direct communication with them at all yes this is Jessica in Aspen we have tried through our finance department we had someone who was on staff who part of her job I was kind of monitoring this and working with these

Hosting sites and they are essentially not responsive to us and that’s why we’ve continued to work with cast which is the Colorado Association of ski town there’s a few other communities Breckenridge even golden who have been working together to try and tackle this issue and I don’t know that there’s been

Any success there but I really think one of the important things for smaller communities is to band together and that’s what we’ve been able to do through this association haven’t gotten there yet but it’s something that we’re all striving to you and working for this is Philip in Durango and I I echo

Jessica’s sentiment sentiment about collaboration particularly for small communities and would just note as well that even large cities are having similar issues in terms of cooperation from the hosting sites with with regard to their land use regulations I went and spoke in New Orleans last fall to some stakeholder

Groups about these same issues and there are some individuals down there who are working hard to convince the hosting platforms to work with city government down there to require permits and to help in the collection and remittance of taxes and they’ve been as unresponsive as Jessica indicated they’ve been too

Small communities it’s really only a handful of the largest markets in the communities that these hosting sites feel compelled to cooperate with hmm that’s interesting okay Brian are you still with us you have a question for you is your study available for communities to review ah yes on just

Just get in touch with me and we can we haven’t done anything that’s specific on the rbo market but on any number of our other sort of related resort community studies are available most of them are public documents I think one you know I

Just like to add a comment I think a big question that’s still out there and I haven’t seen any good numbers or anyone’s that anyone attempt to quantify it if anyone’s seen anything I’d be interested in knowing about it is is whether or not the rbo market is

Actually encouraging new new people to come to places is what we found generally the people people choose a destination first and then their lodging so if I was going to go to Durango anyway you know I decide I’m going to go dragon and I’m choosing between do I

Want to stay at their historic hotel in downtown or with a vacation management company or you know BRB oh so it the proliferation of our BOS may not be really growing necessarily growing the pie that much for some communities but in the announcements case which is which is different they they really

Faced a challenge with loss of their bed base because it’s it’s financially feasible to buy an old 1950 motel there and redevelopment redevelop it as free market residential so they that’s why that slides Jessica had a while back showed how much they’ve lost bed base so it’s critical for them to use whatever

Tools they can to maintain their bed base okay thank you um hey Phillip could you go back to one of your last slides with all the resources listed someone was asking to go back to that slide real quick just so that they could see it um

And just so everyone knows I guess this is a good time to say this we will this is being recorded and again it will be on youtube channel and a PDF of this PowerPoint which will include this slide that you see here will also be available on our webcast webpage Ohio planning org

Slash planning webcast okay thanks um and I’ll I’ll just note with with which we’re going to our sources as I mentioned during my presentation the focusrite survey is really the only market survey of the private rental market that’s available and it’s on if it’s available for purchase from focus

Right okay thank you um next question Durango um I’m sure that it’s somewhere on the website but what zone districts and are the rbo is allowed in is that is there a document somewhere online that people can go to to to check that out there is most of most all of our

Regulatory standards are available on the city of Durango planning department website and there’s a specific vacation rentals are tab on the left side of the planning page it’s very easy to find but in general we have five residential zone category is and vacation rentals are allowed in

Two of those those are our oldest neighborhoods proximal to our downtown you can see on the permit concentration map that I showed they’re all close to our downtown historic core we also allow them in our central business district where there are some mixed use and condo buildings and then one thing I didn’t

Note that i think is noteworthy and that will be looking at in the next couple of years is we have a number of pu knees in our community that are managed by HOAs and those HOAs are afforded an opportunity to vote on whether they want to allow vacation rentals and our

Standard is that the vote has to pass by two-thirds there’s sixty-six percent and the HOA asked to demonstrate to the city that they have conducted that vote and that it met the standard and then that HOA can then come up with the number of vacation rental permits that they want

To allow in their development and we’ve seen just a handful of those PD HOA bodies per year vote on this but by and large they vote to approve it and more and more of our private vacation rentals are available in those email developments outside of our downtown and

Historic neighborhood areas and as that changes the overall vacation rental unit count in our community we may have to double back and look at whether we want to limit that proliferation further in the future okay wow that’s interesting um okay so for both of you Durango and

Aspen is it just to regulate do you just regulate single-family homes what about accessory units condos rooms any kind of outbuildings in-law suites uh things like that so for aston we regulate everything the same way so if you have a condo unit or an accessory dwelling unit or a single-family home

You have to get the same permit there’s maybe more difficulty if you’re in a condo because you have to certify that the homeowners association is ok with you renting your house or your unit but it’s the same permit for everyone and we also don’t distinguish between units

Except to say that to the extent that we allow the development of new ad use on residential properties if one were to construct a new ad you one of the requirements for being allowed to do that is it is is an owner occupancy requirement and as such you could not

Receive a vacation rental permit for that property if you had a new ad you but other than that we don’t make a distinction between unit type per se ok next question again for for both Espen and Durango how do you comply with a DA and ensi standards and secondly I’d you

Know how this affects homeowners insurance go ahead sure so for Aspen we don’t do a separate zoning or building inspection when we do the permit part of what you’re signing when you sign the permit as your understanding that there are required code that that your building

Needs it I don’t know how this impacts homeowners insurance or anything like that internal Phillip if you know more about it or not the homeowners insurance issue is a nationwide issue we have not addressed it through our local regulations and it’s my understanding that people running these private

Vacation rentals are running up against problems with their homeowners insurance because oftentimes that you know this is this is absolutely a commercial use of property and so to the extent that homeowners insurance is for residential use well there might be a conflict there but bets are the extent to my to my

Knowledge of that issue but I do know it’s something that’s sort of on ongoing in the national conversation about this new market with regard to a DA we don’t inspect for it and I I’m not aware that that we can require a residential property to come into compliance with

With with a DA standards and I find that interesting as I speak because I just said this is a commercial use of property and so therefore ought not it meet ad a standard but that’s just something that we haven’t addressed through our through our regulations and

I’m I’m not of a I’m not aware of any community that has okay thank you next question in Virginia this year there was a proposed bill to prohibit localities from regulating and taxing Airbnb ease the legislation did not pass has Colorado seen this type of backlash from regulation so for

Serve you not that I know of Brian since you’re in Denver you might be more up to speed on on that then we are up here in the mountains yeah yeah I haven’t uh I haven’t seen anything you know from my observation this is still up in Durango from my observation state governments

Who have attempted to regulate one way or another or this market are far more concerned with taxes and revenue than they are with local land use issues community development or preservation issues lodging issues all the things that we’ve identified here today that are much more localized in nature so

Most state government level approaches have been about ensuring the remittance of the appropriate taxes to the state government okay thanks I think this will be our last question as you mentioned this is for everyone as you mentioned the question that always come up whenever we talk about regulating short

Term rentals is enforcement and the the asker says our staff does not have the time and resources to do the detective work to track down all the illegal and unlicensed vacation rentals operating in our jurisdiction this is interesting have you heard of any third party service providers we can contract with

To do this work for us and preferably at a reasonable cost this is philip and durango it’s funny that you should ask i was contacted yesterday by a business owner in boulder colorado who has started a business providing what he called vacation rental compliance services which he was selling to our

Local government i did not have an opportunity to speak at length with this individual but from that conversation as well as some very basic research I’m aware that there are companies offering compliance services to local government whether or not it’s a value I I don’t know but it’s

It’s an emerging market for sure I believe and you know not being a sort of a technology person who we have staff person one of our offices that try to develop a tool that would sort of scour the web for these to help communities compliant I think one of the challenges

Is or was you know again I’ll know the technology side of it was that the websites suppress a lot of a real specific location data so it’s not as simple as being able to pull an address and then match to a parcel etc for enforcement but maybe there’s maybe

There’s a solution now I would just die problem oh good I would just add do that I think one of the benefits of having a public process and having regulations for this industry is it it generates coverage in the local media and awareness by your local population that

It is something that is regulated and you know that’s not going to stop all of the uses all the non compliant or or illegal uses from popping up but it might prevent some and so in lieu of having a really strong enforcement regime at least having a regulatory

Structure is going to prevent some of that and and I would add as we’ve tried to look at it forcement it is really hard sometimes to figure out exactly where properties are located unless you’re actually directly emailing the property and posing as someone who wants

To be a renter and we don’t have time to to do that and so our approach is we operate on a complaint basis but we also try and get the information out as Philip said so we’ll use things like utility billing inserts to just say don’t forget if you are operating a

Vacation rental in your home you need to get a permit this is who you contact so we’ve tried to be proactive in that way and then again trying to work with other stakeholders and other communities to to try and figure out ways to work with these online platforms but it’s hard

It’s a hard one okay I think we’re going to wrap up um again one more time on your screen we are recording the webcast it will be available on youtube com / planning webcast and a PDF of this PowerPoint will be available in the next 10 minutes or so on our webcast webpage

Ohio planning org slash planning webcast which is also where you can see all of our upcoming sessions and get those on your books so Brian Jessica and Phillip thank you for joining me today and for the small town rural planning division thank you for sponsoring and everyone

Have a great weekend and we will talk next time thanks for having us thank you thank you thank you

ID: 0DqfSJz5ag4
Time: 1458328552
Date: 2016-03-18 22:45:52
Duration: 01:28:30

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