Summit County Takes a Step Forward with Responsible Agent Regulations
Background on Summit County Short-Term Rental Regulations
On August 27, 2018, the the Summit County Planning Commission conducted a meeting to consider a working draft of proposed amendments to the Land Use & Development Code regarding Summit County short term rentals. The eventual regulations would apply to unincorporated portions of Summit County, Colorado. Looking back at the August 27 meeting, the Commission considered the need for short-term rental requirements to be applied to different areas of the County, and it primarily focused on the need to protect the residential character of the County’s residential neighborhoods as well as potential differences in the appropriate maximum allowable occupancy and parking requirements applicable within these different areas. Due to the extensive comment provided and the need for staff to potentially reflect on that feedback, the Commission passed a motion to continue consideration of the new regulations to a second public hearing on September 17, 2018 at a larger venue. For a full review of the August 27 meeting, please check out our prior blog post: Summit County Considers “Responsible Agent” Requirement for Short Term Rentals
On September 17, 2018, the Commission shared its Short-Term Rental Regulations Agenda and conducted a continuation of its public hearings at the Frisco Adventure Park Day Lodge. At the September 17 meeting, the Commission planned to continue their review of the draft short-term rental regulations, hear additional public testimony, and provide a recommendation to be forwarded on to the Board of County Commissioners. As was the case with the August 27 meeting, staff for the Summit County Planning Department started the meeting by presenting a report on their efforts since the previous meeting. Between the August 27 and September 17 meetings, Summit County staff internally discussed ways of improving the working draft of the short-term rental regulations that they originally offered. However, they did not formally present a revised draft of those regulations.
Complaint Call Center & Contact with Responsible Agent
Over the summer, Summit County submitted a Request for Proposals for Administration of Short Term Rentals that sought third-party help in eventually administering its future short term rental regulatory program. Summit County contemplates setting up a call center where complaints could be submitted by the public, either online or via a hotline call. Any incoming complaints would be recorded within a newly created software solution where they could then be acted upon. After implementing the complaint system for a period of time, the County hopes to gather extensive documentation as to what the issues are and where problems exist. At the September 17 meeting, Summit County staff reported they had been talking with a potential third-party vendor who would run the call center and create the software solution. Current design for the software solution contemplates that each individual short-term rental property will have its own account. However, Summit County staff believes a managing company might be able have one login to potentially control a number of individual accounts over which they have responsibility. Summit County staff stated that the new call center was likely to be located out of state, at least initially on creation. By the conclusion of the meeting though, the Planning Commission resolved that it should be a goal within three years to have the call center locally based.
Summit County staff reported that they expect to be able to provide the new call center with an established protocol for complaint handling. A call center employee receiving a call would take the complaint and figure out where the property is lcoated. Based on criteria established by the County, the call center would decide whether to call the Responsible Agent for that property. When called, the Responsible agent must respond within 60 minutes. If a complaint isn’t appropriate for the Responsible agent (for instance, involving crime or a fire), the call center will have the option to phone the local police instead.
Summit County Responsible Agent for Short-Term Rentals
In the September 17 meeting, it appeared Summit County will eventually require short-term rental owners to designate a Responsible Agent, who will be available 24 hours per day and 7 days per week to respond to neighborhood concerns. As currently written, the working draft states that the Responsible Agent will be someone “whose physical address of residence is within Summit County or within 30 miles driving distance of the short-term vacation rental property’s street address.” Summit County staff noted that the third-party vendor has lots of experience with short-term rental regulations and strongly recommended adoption of a Responsible Agent who is locally based. In addition, Summit County staff also stated that there is potentially significant support from the Board of County Commissioners for a locally based party to respond to complaints. By the end of the September 17 meeting though, the Planning Commission recommended dropping an express requirement that the Responsible Agent be located within 30 miles of Summit County. The working draft continues to state that the Responsible Agent “shall respond to the complaint, including visiting the site if necessary.” On passing its final recommendations, the Planning Commission seemed to leave this portion undisturbed, thereby leaving open the possibility that an immediate property visit might be required to resolve a neighbor complaint.
Occupancy for Summit County Short-Term Rentals
Summit County is also considering an occupancy requirement for short-term rentals. Summit County staff and the Planning Commission both suggested this was the piece that presented the most significant challenge. There was significant disagreement as to how to count children and infants for occupancy purposes. In the end, the Planning Commission formally recommended that occupancy limits be set as follows:
- Two persons for each bedroom in a unit
- Two persons for each loft in a unit
- Plus 2 persons overall for the whole unit
If a property owner wanted to extend beyond the preceding limits, Summit County would require the submission of a conditional use permit for approval.
Next Steps
After passing its recommendations, the Summit County Planning Commission indicated that the next step is for consideration of these proposed short-term rental regulations by the Board of County Commissioners.
If a requirement is eventually passed, Summit Local Agent aims to help you comply in the most cost-effective way possible, by serving as your Summit County Responsible Agent.
