Although the public has been excluded from the meetings of the Archuleta County Vacation Rental Task Force (TF) meetings since September, the ‘Phase I’ results of the closed-door meetings were released yesterday, in the form of a 37-page collection of recommendations. You can download the Phase I recommendations here.
Such as, on page 16:
Discussion of STR Permit Fees: Current
STR fees for owner-occupied parcels currently are $400 and non-owner-occupied parcels cost $700 annually. The County Development Director stated that out of 700 STRs registered in the County as of December 2022, the County includes around 10 permits for owner- occupied STRs.
Discussion of STR Permit Fees: Recommendation
Check with County Attorney about legality of fee differences.
The subgroup recommends that the registration and renewal fee remain at $400 and $700 annually for owner-occupied and non-owner-occupied rentals, respectively. The permit fee is an administrative fee not based on taxes. Colorado statute has strict guidance criteria for fee implementation and essentially states that administrative fees must be commensurate with the level of administration required for the fee service.
Illegal STR Operators (Lawbreakers): Current
The County Manager estimates there are 62 illegal short-term rentals operating in Archuleta County as of February 2023. Most of these parcels have yet to be fined and the County is working to assess fines and follow up with the lawbreakers.
Illegal STR Operators (Lawbreakers): Recommendation
Expedite fines and penalties for illegal STR operators before allowing these parcels to apply for an STR permit.
At yesterday’s work session, when County Manager Derek Woodman presented the Phase I recommendations, he suggested that the number of illegally-operating STRs was closer to 100, rather than “62”.
A significant amount of the debate, among the three commissioners at that morning work session, concerned a proposed Task Force recommendation to require ‘noise monitors’ in some cases.
From the Task Force report:
Part VII – Noise Monitoring
Problem: It appears that there is a large number of noise complaints. These are hard to substantiate and also to timely follow up on. It is currently very difficult to hold the STR accountable.
RECOMMENDATION: If more than 3 valid noise complaints are received for an STR property in a six-month period, then a noise monitoring device should be required, whether the complaints were resolved or not.
RECOMMENDATION: If there are no HOA quiet hour rules, then 9pm to 7am should apply (following the county guidelines). This should be held accountable by owner/rental managers as part of the rules.
As noted during the lengthy BOCC debate, neighbor complaints about noise coming from STR units typically happen in the latter part of the evening. Archuleta County adopted a ‘noise ordinance’ in 2019 that defines the maximum decibel levels allowed during daytime (7am – 7pm) and nighttime (7pm – 7am) in various zoning districts. The decibel level is to be measured “at or within the boundary of the property from which a noise complaint was made.” In residential zones, the daytime limit is 55 decibels; at night, 50 decibels.
50 decibels has been described at the noise level in a “quiet office”. For comparison, a “vacuum cleaner” typically generates about 75 decibels. A gas lawn mower might be rated at 90 decibels. (Don’t mow your lawn after 7pm if you respect your neighbors.)
Of course, the measurement of loud noises is terribly problematic, as was acknowledged by the commissioners during their work session. If there’s a loud party happening next door at 1am, and I finally get tired of it and call — someone? Whom would I call? The Sheriff? The STR property manager? My County commissioner?
What is the likelihood that someone in authority will show up in a timely manner, with a decibel meter? Will the party still be generating the very same noise level that was keeping me awake when I called to complain?
As we all know, humans sometimes generate noise when they are drinking and having a great time. Does the noise level vary? Of course.
Are STR guests more prone to violate acceptable noise levels than your full-time neighbors? Possibly.
Are noisy STR guests good for the overall Pagosa Springs economy? Maybe not.
Following the lengthy debate about noise monitors at the BOCC work session, Commissioner Veronica Medina expressed her frustration with the slow-moving process by which new STR policies are being developed.
“The biggest complaint is, there’s too many Short-Term Rentals. That’s the biggest complaint. I’ve heard, even before I was in office, I’ve heard ‘there’s noise, they’re driving up and down the road in their ATVs…’ Whatever.
“But the biggest complaint that I’ve heard from the constituents is, there—are—too—many—STRs. That’s the biggest complaint. So how to we combat that?”
Certainly, the Archuleta County BOCC — in its consistent refusal to limit the neighborhood impacts of STRs — has been ‘out of step’ with most mountain resort communities, and out of step with the Town of Pagosa Springs.
The commissioners’ refusal to address the negative impacts of STRs on neighborhood character, and on the housing market, helped to create an astonishingly profitable real estate market over the past several years.
But markets self-correct, occasionally. Even when government refuses to address the problems.
Commissioner Medina:
“In my opinion, [the complaint about too many STRs] is somewhat going to take care of itself. The moratorium did absolutely help. People decided to either sell and get out… or I think a few did turn into long-term rentals. But I feel like we’re getting into a business that we don’t know about…”
Looking at the graph above, we can see evidence of what so many of us feared would happen to Pagosa Springs.
Gentrification.
A modest stick-built home in Pagosa Lakes that previously sold for less than $300,000 — and is realistically worth less than $250,000 in a ‘normal’ marketplace — sold last year for an average of $550,000. We seem to be going the way of other mountain resort towns in Colorado — Breckenridge, Telluride, Aspen, Vail — where only millionaires can afford to purchase a home.
Only millionaires, and STR investment companies.
Our BOCC can see this happening, and yet… what are they doing about it?