Douglas County Commissioners and Zoning Compliance Manager Michael Cairy recently hosted a town hall meeting to continue discussions on how to implement short-term rentals in unincorporated areas not governed by planned developments. 

Commissioners George Teal and Lora Thomas said short-term rentals mean anything less than 30 days and are located in unincorporated areas of Douglas County as HOAs and planned developments have their own requirements. 

“So what we decide here might not apply to a planned development like Highlands Ranch like it would for other parts of unincorporated Douglas County,” said Thomas. 

According to Cairy, currently the two planned developments that allow for short-term rentals are in golf course communities and buildings that are considered to be a bed and breakfast.

With a bed and breakfast, one must have a special land use approval and reside in the home, renting out bedrooms, Cairy said. 

Cairy said the county is considering expanding the current options to allow residents to rent out their homes to short-term vacationers, traveling nurses and similar situations. 

Two options were brought to the commissioners that would allow residences to be used as short-term rentals. 

One option, a Douglas County Zoning Resolution Amendment, could allow homeowners in specific zone districts to apply for a Use by Special Review to use a property as a short-term rental. 

The other option is an ordinance to regulate short-term rentals. The ordinance could possibly be applied to all residences in unincorporated Douglas County and could have the ability to establish terms, fees and manners for issuing and revoking licenses for short-term rental units. 

During the Jan. 25 town hall, the commission decided to move forward to get comments on the proposed ordinance. 

“In that ordinance, it would actually require a license to operate a short-term rental from your property that you would actually have to apply for and get from the Community Development Department,” said Cairy. “As part of that licensing process, there’s an application, additional exhibits and stuff you’d have to provide with that.”

Certain requirements and standards for a short-term rental would include the number of guests that could occupy the rental, information on the septic system as it would have to be in a dwelling that has obtained a certificate of occupancy from the building division. 

According to Cairy, there would be provisions in the ordinance that would allow for a license to be denied, revoked or suspended, which then can go through an appeal process in front of the commissioners.

For those who favor the use of short-term rentals, many see this as a way to have a secondary income. As one caller attending the meeting mentioned, as individual property owners, they should have this right to rent their property. 

There were citizens who support short-term rentals but don’t believe the county should enforce or make more laws and regulations.

Diana Love, of Franktown, spoke on behalf of the Franktown Citizens’ Coalition opposing short-term rentals. 

“Should you pass the ordinance, which we hope you don’t,” said Love. “Would that override covenants, bylaws and deed restrictions to short-term rentals?”

According to Love, like some other unincorporated Douglas County communities, Franktown does not have HOAs. 

“For example, Deerfield is a corporation, it is not an HOA, so I don’t see anything in this ordinance that protects deed restrictions, covenants or bylaws at all,” said Love. 

Providing a possible solution, Love proposed the county go back to 2019 when staff developed a short-term rental regulation that did not get adopted.

Love said the  regulation said , “Dwellings should not be used as short-term rentals for occupancy of less than 30 days unless expressly allowed in the zoned district.”

 “This would give every HOA, homeowner association community the ability and the flexibility to make their own decisions and their own enforcement, then we wouldn’t have to go through what you were just talking about, everybody trying to change their covenants and then enforce them and still deal with the ordinance that may be stronger because it’s by state statute,” Love said.. 

Like Love, other residents oppose short-term rentals in the county. Among concerns is an increase in traffic. 

A Parker resident said in order to get to I-25, they have to drive through and utilize unincorporated areas of Douglas County. 

Other concerns include noise, trespassing, water rights, parking and how these short-term rentals are going to impact adjacent property owners. 

“I don’t want to step in as a government and prevent people from being able to use their property,” said District 1 Commissioner Abe Laydon.

Laydon said he agrees that there needs to be a balance with the neighborhood and take into consideration the wastewater, noise, light pollution, crime and traffic. 

The board will go into a work session once comments from this referral process has been received on Feb. 15. The final deliberation concerning the proposed ordinance will take place at a public meeting.