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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 06/09/2015 - SHORT TERM RENTAL ACTIVITYDATE: STAFF: June 9, 2015 Ginny Sawyer, Policy and Project Manager Ted Shepard, Chief Planner WORK SESSION ITEM City Council SUBJECT FOR DISCUSSION Short Term Rental Activity. EXECUTIVE SUMMARY The purpose of this item is to provide an overview and background information on short term rental (STR) activity, most typically referred to as Vacation Rental by Owner (VRBO) or Airbnb, within Fort Collins. With the arrival and increase in the cyber or sharing economy, communities nationwide are determining if and how to address this use at a local level. GENERAL DIRECTION SOUGHT AND SPECIFIC QUESTIONS TO BE ANSWERED 1. Does Council support defining Short Term Rentals? 2. Does Council support additional public outreach? 3. Are there additional items Council would like staff to pursue? 4. Does Council need any additional information? BACKGROUND / DISCUSSION Vacation Rentals by Owner (VRBO) and Airbnb are two companies that cater to the on-line short term rental market. This type of “sharing economy” activity has grown tremendously over the last five years. There are other on-line sites (Homeaway, Flipkey, Rentbyowner), however, VRBO and Airbnb are the most well-known. Over the last year, short term rental activity has come to the City’s attention through a variety of means, including inquiries on permitting the use, concern regarding sales and lodging tax collection, and neighbor complaints. Based on this interest, staff began researching websites for local listings, contacting operators to ensure appropriate tax collection, tracking complaints, and researching how other communities are addressing this activity. In Fort Collins many short term rental providers are advertising on both VRBO.com and Airbnb.com. Typically, VRBO is the renting of an entire house while Airbnb is the renting of a bedroom within an owner-occupied house. It is difficult to determine the total number of short term rentals operating in Fort Collins. In May 2015 there were approximately 171 listings between the two sites. There is significant overlap from operators listing on both sites. There are also some listings that are only available for more than 30 days. The attached map (Attachment 1) shows 63 sites that had been noted in mid-2014. Staff is estimating there are 100-120 active short term rentals in Fort Collins. June 9, 2015 Page 2 Concerns/Work to Date Taxes Between May 2014 and April 2015 the City collected approximately $36K in sales tax and $27K in lodging tax from VRBO/Airbnb use. In the sales tax section of City Code, Lodging Services is defined as: …the furnishing of rooms or accommodations by any person, partnership, association, corporation, estate or any other combination of individuals by whatever name known to a person who for a consideration uses, possesses or has the right to use or possess any room in a hotel, inn, bed and breakfast residence, apartment hotel, lodging house, motor hotel, guest house, guest ranch, trailer coach, mobile home, auto camp or trailer court, park or similar establishment, for a period of less than thirty (30) days under any concession, permit, right of access, license to use or other agreement or otherwise. Regardless of whether this use is currently defined elsewhere in City Code or in the Land Use Code, those renting rooms or housing for less than 30 days should be remitting sales and lodging tax. Between July and November 2014, finance staff contacted 64 listings that did not have a sales tax license. Of those, 40 acquired a sales tax license, bringing the total number of VRBO/Airbnbs remitting tax to 54. (Attachment 2) This outreach required extensive research on the VRBO/Airbnb websites, followed by property record research, since the actual addresses are not listed online. Sales tax staff received a variety of follow-up calls. Some were concerned that staff was able to determine their address, some reported that they were not operating a STR, and some felt tax collection was inappropriate since there is not an associated “business” license or permit. Business Use in a Residential Neighborhood Neither the Land Use Code (LUC) nor City Code currently define “short term rental.” There are definitions for Bed and Breakfast and Lodging, neither of which accurately captures this relatively new activity. While there is a perception that short term rentals in a residential home constitutes a business, the rental of rooms from a Land Use perspective is considered a “residential” use and the collection of tax in and of itself does not constitute a business. Complaints The tracking of complaints has been somewhat anecdotal. Neighborhood Services reports an upward trend in VRBO/Airbnb related complaints over the last two years. The numbers of complaints are not high (typically about two a month) and they are usually seasonal in nature, with more complaints coming in the spring and summer months. These complaints are typically focused on safety, parking/traffic, and noise concerns. There have also been complaints registered through Access Fort Collins and direct email. These complaints have also focused on traffic and a perception of safety not knowing who is next door. Homeowners Associations (HOAs) can restrict this use through covenants; however, not every neighborhood has an HOA. Research Communities across the nation and locally are grappling with the question of regulating short term-rental activity, and if so, in what manner. Regulation efforts vary and include mitigating neighborhood impacts, avoiding unfair competition with hotel/motels, setting safety standards, and considering housing availability. Enforcement efforts are equally diverse ranging from complaint driven to more costly permitting programs, fees, and enforcement staff. (Attachment 3) June 9, 2015 Page 3 Initial Outreach Prior to the Council work session, staff met separately with both a group of VRBO owners and neighbors who had lodged complaints in an effort to better understand what is happening in the community. From the owners, staff heard:  VRBO/Airbnb providing a niche lodging option  Most renters are visiting family and friends and want a homey environment  VRBO/Airbnb allows space, ability for family meals and gathering, and typically a yard  Owners must keep property up and looking good  All owners present are paying taxes (if less than a 30-day rental)  All owners present are open to reasonable regulations  Many rental properties were on the owner’s property (carriage house) or next door From neighbors, staff heard:  This a business use that should not be in a residential neighborhood  It feels unsafe not knowing who is next door  The rentals bring more car traffic  Occupancy can be more than 3-unrelated Staff anticipates conducting a larger public engagement effort and will provide a Public Engagement Summary reflecting the outcome of the June 9, 2015 work session discussion and direction with the follow-up summary. Next Steps Based on the work to date, staff recommends:  Creating a definition for Short Term Rentals that will differentiate between the typical Bed and Breakfast operation and other lodging options. This may require modification to the Bed and Breakfast definition.  Conducting public outreach to determine community desire for regulations on VRBO/Airbnb activity. Additional next steps could include further consideration of any of the following: Potential Regulation Outcome Challenge No additional regulations  Status quo  Possible resistance from impacted neighbors Limit the number or percentage of homes allowed to be used as a STR.  Limits the concentration of this use.  Need criteria to decide how many and where. Limit the number of nights per year a STR may be rented and/or require a minimum stay.  Limits the extent.  Decreases incentive to use second homes or acquire investment property for this purpose.  Difficult to enforce.  Cost to monitor and track. Require registration or permit.  Allows for tracking and monitoring.  Having owner contact info helps with nuisance code enforcement.  Staff time and cost.  Enforcement June 9, 2015 Page 4 Potential Regulation Outcome Challenge Require any of the following: - Safety inspections - Fee/annual renewal - Parking requirements - Maximum Occupancy limits  Limits the extent.  Protect health and safety of renters.  Requirements more similar to other lodging establishments.  Staff time and cost.  Possible resistance from STR owners.  Enforcement ATTACHMENTS 1. ShortTerm Rental Map (PDF) 2. Sales Tax Information (PDF) 3. Research Matrix (PDF) 4. Powerpoint presentation (PDF) j j j j j j j j j j j j j j j j j jj j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j jj j j !"`$ Short Term Rental Information  Number of VRBO/AirBnb Listings: o 171 active listings within City limits, as of 5/26/2015  Outreach-between July 2014 and November 2014: o 64 letters mailed to VRBO/AirBnb listings not currently remitting tax o 40 of these have since obtained a license and are remitting tax o There were 5 listings where an address could not be found  54 total Short Term Rentals remitting as of 5/26/2015  81 total lodging facilities with a sales tax license in the City of Fort Collins  Revenue from Short Term Lodging:  Total revenue for all lodging activity: Sales Tax Collected Lodging Tax Collected 2014 May 805.44 590.71 Jun 1,031.57 803.82 Jul 4,418.81 3,443.23 Aug 1,328.13 1,072.71 Sep 3,581.02 2,790.39 Oct 5,929.45 4,641.95 Nov 4,593.35 1,337.45 Dec 1,435.53 3,282.45 2015 Jan 4,741.49 3,838.73 Feb 1,608.21 1,069.01 Mar 2,015.25 1,511.83 Apr 4,632.94 3,300.36 Grand Total 36,121.20 27,682.65 Sales Tax Collected Lodging Tax Collected 2014 May 144,390.59 95,229.23 Jun 172,334.57 119,942.18 Jul 223,313.54 156,041.63 Aug 212,994.42 154,477.30 Sep 215,238.30 154,605.84 Oct 185,176.55 126,003.53 Nov 185,695.96 120,733.12 Dec 125,196.92 84,308.08 2015 Jan 128,708.84 79,067.32 Feb 136,087.17 79,833.45 Mar 124,495.58 82,591.97 Apr 145,172.53 99,507.12 Grand Total 1,998,804.97 1,352,340.79 ATTACHMENT 2 RESEARCHMATRIX   ShortͲTermRental License/Permit Fee Notes AnnArbor,MI    IdentifiedinJuly2014aspotentialfutureproject. Asheville,NC   Norentallicensingorpermit requiredatthistime.  Homestaypermitexistsnow.  StaffreportApril2014.NotallowedinRͲzonesbutnot activelyenforcedͲcomplaintdriven. HeldaCouncillisteningsessioninMarch2015(130 attended.) Austin,TX Lessthan30Ͳdays Yes.Annual.Requirements. Proofoftaxespaidforrenewal. DistinguishbetweenownerͲ occupiedandnonͲownerͲ occupied. $235and$50notificationfee. Licensemayberevoked.Revocationmaybe appealed. Certainnumberoflicensespercensustract. GroupedwithB&B,Hotel,andBoardingHouse regulations TwoCodeEnforcementofficersandoneadmin dedicatedtoVRBO. Bellevue,WA   Boulder,CO WenttoCouncilworksessionFeb 2015. Itisillegaltorentforlessthan30 daysinaresidentialzone.  Proposingaddingdefinitionsandregulationsthrough theirexistingrentallicensingcode.Suggestingatax measuretosupportstaffingofenforcement.  CedarRapids,IA Don’tdefine. Alllandlordsrequiredtohavea permitandregistertheir properties   Denver,CO    Noframeworkinplacecurrently.SharingEconomy TaskForceconsidering$20permitavailabletoprimary resident(nocompanies)andchangeofusetoallow. Eugene,OR   Gainsville,FL Don’tdefine. Alllandlordsrequiredtohavea permit.  GameͲdayrentalsabiggerdeal.Stateregulation preventedregulatingbutthatwasjustrepealed. Olathe,KS   PaloAlto,CA TransientOccupancy=lessthan31 days(subjecttotax.)Currentlynot allowedinresidentialzones.   DoingtargetedorcomplaintͲbasedenforcement. RESEARCHMATRIX   ShortͲTermRental License/Permit Fee Notes Portland,OR OnlyallowedinsingleͲfamily dwellings.Regulatedasbnbsince 1990s.Allowedinall zones…conditionalusereview.150 footnotice. $4,130forbnb.$180forshort termrental,includesinspection. Renewevery2yearsfor$100(no inspection)  2014changes:2bedroomsmayberented(3Ͳ5still consideredabnb)Ownermustcertifyunitisprimary residenceandkeepalog.Inspectionstoensuresafety (smokedetectors).Anynumberofrelatedguestsplus 5nonͲrelated.Hostmustliveinthehomeatleast270 days/year. Provo,UT Lessthanonemonth Yes.AllexpireonJuly31each year. $20Ͳ60 RequirelicensingforALLrentals. SantaBarbara,CA  TransientOccupancyTax. SteamboatSprings,Co  Permitsallowedforvacation rentalsandpermit#istobe placedonanyadvertising.  IfpropertyfoundwithoutapermitCitysendsa certifiedNoticeofViolationlettertothecurrentlisted propertyowner.  City Council Work Session June 9, 2015 Short Term Rental Activity in Fort Collins (Vacation Rental by Owner/ Airbnb) ATTACHMENT 4 Questions/Direction Sought  Does Council support defining Short Term Rentals?  Does Council support additional public outreach?  Are there additional items Council would like staff to pursue?  Does Council need any additional information? 2 Background  What are VRBOs?  What is Airbnb?  How does it all work? 3 Background  VRBO-typically whole house.  Airbnb-typically a room in a house.  STRs have become firmly established both nationally and internationally ahead of local regulations.  Approximately 171 listings between the two websites (includes overlap in listings and some outside of City boundaries.) 4 Background Map shows 63 listings. 5 Emerging Issues Nationwide communities starting to consider regulations. Each community experiencing differing impacts.  Taxation  Neighborhood Impacts  Economic Impact  Housing Availability 6 Sales and Lodging Taxes City of Fort Collins Sales Tax requires a sales tax license and remittance of sales and lodging tax for any accommodations provided for less than 30 days. Currently have 54 listings remitting tax. From May 2014-April 2015: $36K in sales tax $27K in lodging tax 7 Neighborhood Impacts City seeing a slight increase in STR-related complaints (2-3 month in busy/summer season.) Main complaints:  Traffic/parking  High Occupancy  Not knowing who is next door (perception of safety)  Business in a neighborhood 8 Economic/Housing Impacts Aside from tax remittance economic and housing impacts are anecdotal:  STR’s provide a desired niche market.  Uncertain if STRs are removing housing from market or allowing extra income to make housing more affordable. 9 Example Regulations Potential Regulation Outcome Challenge No additional regulations  Status quo  Possible resistance from impacted neighbors Limit the number or percentage of homes allowed to be used as a STR.  Limits the concentration of this use.  Need criteria to decide how many and where. Limit the number of nights per year a STR may be rented and/or require a minimum stay.  Limits the extent.  Decreases incentive to use second homes or acquire investment property for this purpose.  Difficult to enforce.  Cost to monitor and track. Require registration or permit.  Allows for tracking and monitoring.  Having owner contact info helps with nuisance code enforcement.  Staff time and cost.  Enforcement Require any of the following: - Safety inspections - Fee/annual renewal - Parking requirements - Maximum Occupancy limits  Limits the extent.  Protect health and safety of renters.  Requirements more similar to other lodging establishments.  Staff time and cost.  Possible resistance from STR owners.  Enforcement 10 Next Steps  Staff supports defining Short Term Rental in the Municipal Code.  Staff will continue to monitor other comparable communities and their actions related to STRs. 11 Questions/Direction Sought  Does Council support defining Short Term Rentals?  Does Council support additional public outreach?  Are there additional items Council would like staff to pursue?  Does Council need any additional information? 12 WenttoCouncilworksessionMarch2015.Willbe studyingtheissuefurther.Estimate300Ͳ400listinga night. ATTACHMENT 3 ³I ÕZYXW ÉZYXW S College Ave S Shields St Carpenter Rd W Laurel St W Willox Ln S County Road 13 W Elizabeth St E County Road 52 E Harmony R d W Horsetooth Rd W Harmony Rd W Mulberry St E Tril b y Rd Remingt o n St E Pros p ect Rd Laporte Ave W Drake Rd S County Road 11 E L incoln Ave N Timberline Rd E Horsetooth Rd N Shields St W Vine Dr N Taf t H ill Rd Kecht e r Rd Country Club Rd W County Road 54G W Mountain Ave Turnberry Rd E Willo x Ln E Vine Dr W Prospect Rd Mountain Vista Dr E Drake Rd Richards Lake Rd W Tril b y Rd E County Road 50 E County Road 48 S Cou n ty Road 9 S County Road 7 S Timberline Rd S Lemay Ave N College Ave S Taft Hill Rd S Overland Trl Riversid e Ave Ziegler Rd N Lemay Ave S Centenn i a l Dr Gregory Rd Short Term Rentals CITY OF FORT COLLINS GEOGRAPHIC INFORMATION SYSTEM MAP PRODUCTS These map products and all underlying data are developed for use by the City of Fort Collins for its internal purposes only, and were not designed or intended for general use by members of the public. The City makes no representation or warranty as to its accuracy, timeliness, or completeness, and in particular, its accuracy in labeling or displaying dimensions, contours, property boundaries, or placement of location of any map features thereon. THE CITY OF FORT COLLINS MAKES NO WARRANTY OF MERCHANTABILITY OR WARRANTY FOR FITNESS OF USE FOR PARTICULAR PURPOSE, EXPRESSED OR IMPLIED, WITH RESPECT TO THESE MAP PRODUCTS OR THE UNDERLYING DATA. Any users of these map products, map applications, or data, accepts them AS IS, WITH ALL FAULTS, and assumes all responsibility of the use thereof, and further covenants and agrees to hold the City harmless from and against all damage, loss, or liability arising from any use of this map product, in consideration of the City's having made this information available. Independent verification of all data contained herein should be obtained by any users of these products, or underlying data. The City disclaims, and shall not be held liable for any and all damage, loss, or liability, whether direct, indirect, or consequential, which arises or may arise from these map products or the use thereof by any person or entity. 00.201540.81.21.6 Printed: May 26, Miles Scale 1:50,432 © K:\ArcMapProjects\City Managers Office\Lodging Tax\Maps\ShortTermRentals.mxd ATTACHMENT 1