Item Coversheet
ALAMOSA CITY COUNCIL
COUNCIL COMMUNICATION


Subject/Title:
First and Second reading on Emergency Ordinance 28-2021 to place a moratorium on the establishment of new short term rentals.
Recommended Action:
That Council conduct a public hearing and, unless information to the contrary is introduced, adopt the ordinance to place a moratorium on short term rentals on an emergency basis.

Background:

At the request of Council, staff researched and prepared an ordinance addressing the issues associated with short term rentals (STR) such as neighborhood livability and depletion of housing stock. A work session was held with Planning Commission on September 22, 2021 and with Council on October 20, 2021. The first reading of the ordinance took place on November 17, 2021; two weeks later than normal in order to allow enough time for the enhanced outreach that was conducted.

 

At the second reading on December 1, 2021, public comment was received both in favor and against the proposed ordinance. The ordinance was tabled and staff was instructed to further study alternatives to address the issue and conduct additional public outreach.

 

The publicity surrounding the proposed ordinance change has caused a surge in business license applications for short term rentals; roughly 14 new applications since the Council work session. Therefore, a moratorium is necessary to allow staff sufficient time address the issue while preventing further speculative STR license establishment.

 

This ordinance is proposed as an emergency ordinance so that it may take effect immediately upon publication (usually on the Saturday following a council meeting). Ordinances are usually introduced on first reading, a second reading is held on a subsequent council date, and they then take effect 10 days after publication, so passing this as an emergency ordinance will considerably shorten the time during which STR licenses can be secured prior to the moratorium.

Issue Before the Council:

Does Council wish to adopt the emergency ordinance placing a moratorium on the establishment of new short term rentals?


Alternatives:
  1. (Recommended alternative) Adopt the ordinance to place a moratorium on the establishment of new short term rentals until April 30, 2022.
  2.  Approve the moratorium with a different expiration date.
  3. Approve the moratorium on first reading, but not as an emergency ordinance, and set for second reading on January 5, 2022.
  4. Decline to approve the moratorium and give staff further direction.


Fiscal Impact:
The minimal fiscal impact to the City will be a loss in revenue from the $15 fee associated with business licenses for short term rentals.

Legal Opinion:
The City Attorney is present to answer any questions.

Conclusion:
This moratorium allows staff adequate time to research  additional options for regulating STRs, conduct public outreach, and present an amended ordinance that incorporates direction from Council and feedback from the public.
ATTACHMENTS:
DescriptionType
Ordinance 28-21 STR moratoriumOrdinance