CORA Request for Short Term Rental Regulations regarding ADUs in Centennial, CO

Centennial Public Records Request Form
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First Name:
pooanon
Last Name:
pooanon
Date:
Address:
MuckRock News DEPT MR 130840, 263 Huntington Ave Boston, MA 02115
Daytime Phone Number:
617-299-1832
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Email:
requests@muckrock.com
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Description of Request - INSTRUCTIONS: Please indicate the information desired and/or list each requested document. Please be as specific as possible.
To Whom It May Concern:

Pursuant to the Colorado Open Records Act, I hereby request the following records:

Greetings,

This is an official CORA request, Pursuant to §24-72-203 C.R.S. and the Colorado Open Records Act.

In regards to Centennial Short-Term Rental (STR) Rules & Regulations, posted on the City's website here:
https://www.centennialco.gov/Government/City-Projects-and-Initiatives/Short-Term-Rental

"In September 2021, Centennial City Council approved an ordinance regulating short term rentals in the City. The specific rules are:

* All STR’s in the City of Centennial must maintain an active STR license with the City.
* Centennial has an occupancy limit of 2 STR renters per bedroom, with 8 renters per property maximum.
* No gathering can have attendees greater in number than two times the relevant occupancy limit (ex. no more than 12 in attendance in a three bedroom house).
* STR’s are not allowed in accessory dwelling units (ADUs).
* STR properties are required to provide (2) off-street parking spaces for renters.
* Centennial Neighborly Renter Rules must be posted near the front door of the rental property and another laminated copy must be left in a prominent place in the kitchen.
* Each neighbor with an adjoining property or across the street must be provided with the Centennial Neighborly Owner Contact Handout."

My request is specifically related to the following 3 bullet points.

* STR’s are not allowed in accessory dwelling units (ADUs).
* Centennial Neighborly Renter Rules must be posted near the front door of the rental property and another laminated copy must be left in a prominent place in the kitchen.
* Each neighbor with an adjoining property or across the street must be provided with the Centennial Neighborly Owner Contact Handout.

The ordinance cited on this page can be found here - https://www.centennialco.gov/Government/City-Projects-and-Initiatives/Short-Term-Rental

I do not see any language about Accessory Dwelling Units (ADUs) (first bullet point) in this ordinance, nor is there any language regarding the "Neighborly Renter Rules" requirements (2nd and 3rd bullet Point)

Further, there is no language regarding ADUs or Neighborly Renter Rules, anywhere in the municipal code - ARTICLE 9 - Short-Term Rentals which can be found here - https://library.municode.com/CO/centennial/codes/municipal_code?nodeId=CEMUCO_CH6BULIRE_ART9SHRMRE_S6-9-20DE

I am requesting specific documentation (code, ordinance, statute, etc.) which outlines these rules and regulations, OFFICIALLY. Specifically, which law, code, statute, bylaw, ordinance, etc. gives the Municipal Corporation (hereby known as the City of Centennial) the authority to limit ADUs to be rented as short term rentals. In addition to this request, which specific law, code, statute, bylaw, ordinance, etc. gives the Municipal Corporation (the City of Centennial) the authority to require that short term rental operators must post a Neighborly Renter Rules document near the front door of the rental property, another laminated copy must be left in a prominent place in the kitchen (what if there is no kitchen?) and that each neighbor must be provided with the Centennial Neighborly Owner Contact Handout.

Please respond to this record request in a timely manner, pursuant to §24-72-203 C.R.S, - three (3) working days may be allowed for a search of the records. This may be extended by seven (7) working days for extenuating circumstances, to include the records being in active use, in storage or otherwise not readily available. If you do not have the records available at this office, please forward this request to the correct office and/or let me know who I should contact to obtain these records.

Thank you for your time,

Anonymous Citizen

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 3 business days, as the statute requires.

Sincerely,

pooanon

Upload documents directly: https://www.muckrock.com/
Centennial City Clerk's Office

Dear Requestor,

The City is in receipt of your Public Records Request dated June 30, 2022. The City is fulfilling this request within three working days from receipt on June 30, 2022. Under the Colorado Open Records Act, CRS Sections 24-72-201, et seq., (“CORA”) the government has the obligation to provide public records for inspection. The government does not have an obligation to answer questions or provide information that is not kept as a “public record” as such term is defined under CORA. Nonetheless, the City is providing the following in response to the three bullet points you identify in your request:

1. “STR’s are not allowed in accessory dwelling units.” The document responsive to this request is the City’s Land Development Code which can be found at this link: https://library.municode.com/CO/centennial/codes/municipal_code?nodeId=CEMUCO_CH12LADECO The City Attorney’s Office has provided the following additional information related to this bullet point in your request:

Under the LDC, creation of a separate or standalone accessory dwelling unit on a lot with an existing residence is not a permitted use of any property in the city, whether for short term or long term rental or for permanent occupancy. For example, it is not lawful to build a standalone building on a lot or to bring in a manufactured home onto the same property for use as a dwelling unit where an existing residence is located. In short, only one residential dwelling unit is allowed on a lot within the City’s single family residential zone districts.

2. “Centennial Neighborly Renter Rules must be posted near the front door of the rental property and another laminated copy must be left in a prominent place in the kitchen.” See Section 6-7-90(d) of the Centennial Municipal Code at this link: https://www.centennialco.gov/files/sharedassets/public/documents/residents/short-term-rental/2021-o-14.pdf The City Attorney’s office has provided the following additional information related to this bullet point in your request:

The Colorado Constitution (Section 6, Article XX) as well as state statute (see part 5, article 15 of Title 31 and article 23 of Title 31, C.R.S.) authorizes municipalities to regulate for the health and safety of the public including the regulation of land uses and businesses).

Section 6-9-70(d) of the Centennial Municipal Code clearly requires the posting of the Good Neighbor document (which is provided by the City and currently titled the Centennial Neighborly Renter Rules) near the main door as depicted on the plan submitted as part of the license application. Section 6-9-10(b) of the Centennial Municipal Code authorizes the City Manager to promulgate additional administrative procedures, rules and regulations to effectuate the terms of the Short term Rentals regulations. The City Manager, through the City’s Neighborhood Services Director, has promulgated a rule that requires such posting also be made available in laminate in a permanent place in the kitchen.

3. “Each neighbor with an adjoining property or across the street must be provided with the Centennial Neighborly Owner Contact Handout.” See Section 6-7-90(e) of the Centennial Municipal Code at this link: https://www.centennialco.gov/files/sharedassets/public/documents/residents/short-term-rental/2021-o-14.pdf The City Attorney’s office has provided the following additional information related to this bullet point in your request:

The Colorado Constitution (Section 6, Article XX) as well as state statute (see part 5, article 15 of Title 31 and article 23 of Title 31, C.R.S.) authorizes municipalities to regulate for the health and safety of the public including the regulation of land uses and businesses).

Section 6-9-70(e) of the Centennial Municipal Code requires the distribution of the Good Neighbor document (which is which is provided by the City and currently titled the Centennial Neighborly Renter Rules) within 2 weeks of issuance or renewal of any STR License to each property owner and to an adult resident (if other than the property owner) of any address with

an adjoining property line or directly across a street or alley, a copy of the completed and updated Good Neighbor posting. Licensee shall also post a working hyperlink to the required Good Neighbor document on any web-based advertisement.

By the delivery of this information to you, the City has responded to your request in accordance with the Colorado Open Records Act ("CORA"), C.R.S. 24-72-203. There is no fee or charge for this request.

Thank you,

City Clerk’s Office
City of Centennial
303-325-8000

Dear Requestor,

As your request no longer seeks documentation but asks questions that require an informational response, the request is not bound by the three business day timeframes of CORA.
The City will hold meetings to discuss your request for information and reply to you within a reasonable timeframe.

[image001]
Maureen Juran, Deputy City Attorney
Cell (preferred): (719) 440-9173
Phone: (303) 754-3391 | mjuran@centennialco.gov<mailto:mjuran@centennialco.gov>
13133 E. Arapahoe Rd. Centennial, CO 80112
centennialco.gov<https://www.centennialco.gov/Home>

Dear Requestor:

I am further responding to your July 6, 2022 e-mail in which you request information on the following (quoted):
"I am asking about an EXISTING AND ATTACHED accessory dwelling unit. I understand that the creation of a detached ADU is not permitted.
I am requesting specific information via statute, ordinance, land use code, etc. in regards to EXISTING attached accessory dwelling units, such as a lower level / basement unit with a separate entrance, for example.
If these are not permitted, what happens if they already exist on a property? Also - can you please point me to the SPECIFIC code that would prevent the use of an EXISTING ATTACHED ADU for short term rental?"

You are requesting general information and provide no specifics of your plan, intent or goals. Without the ability to review any application for short term rental (STR) to determine whether your license is allowable, I offer the following general information:

In Section 12-2-302, the City's Land Development Code (LDC) lists, in table format and for each zone district, the permitted, limited and prohibited uses allowed in the relevant zone district. (See Section 12-2-301). As you point out, ADUs are not mentioned. As you can imagine, there are a myriad of possible uses of land and it is not uncommon that certain uses that develop over time or are rare are simply not listed. Think, for example, of a use such as slaughterhouse. That term is similarly not listed in the use table or defined in the Centennial Land Development Code and would not be an allowed use in a residential district in the City. While this example use may seem on the margins, it does highlight the fact that simply because it is not listed does not default to such a use being permitted. The idea of ADUs has, of course, been around for a while but has not been historically prevalent in the housing stock within the mostly suburban residential communities of Centennial. The housing issues facing many metropolitan areas currently are bringing concepts of ADUs to the forefront. The City is currently working on addressing these issues.

In recognition that not all possible uses appear in the Table 12-2-230, Section 12-2-308 governs and provides that the Director of Community Development decides whether an unlisted proposed use is either functionally comparable to, or a subcategory of, a permitted, limited, conditional, or prohibited use. This Code section provides the criteria for making that determination. In Centennial, the determination of the person holding the position of Director of Community Development has always and consistently been that separated and independent living quarters or housekeeping units (general description of ADUs) are not permissible in any of the City's residential zone districts as not meeting the criteria of this section. Most of the City's neighborhoods allow for single family use only on a lot and a separate living quarters is not the same as single family occupancy.

As evidence of this consistent determination by the City, the City has never allowed ADUs, attached or detached, in the City and the rules for STRs (on the website<https://www.centennialco.gov/Government/City-Projects-and-Initiatives/Short-Term-Rental>) consistently and clearly state that no STRs are allowed in ADUs. While the STR ordinance itself also does not blatantly state that STRs are not allowed in ADUs, this rule was derived because the STR ordinance gave to the City Manager the authority to promulgate rules to carry out the STR licensing scheme (See Section 6-9-10(b) https://library.municode.com/co/centennial/codes/municipal_code?nodeId=CEMUCO_CH6BULIRE_ART9SHRMRE) and this rule is simply consistent with the City's disallowance of ADUs generally.

As to any ADUs that exist on property in the City, I am answering your question in a vacuum of facts as to specifics of the setup on any particular piece of property. An unlawful ADU cannot be used as an STR because such STR use clearly evidences that the additional area and dwelling amenities are an unlawful ADU. What is not decipherable from your inquires is whether you have an unlawful ADU on your property or are proposing one. I would encourage you to set up a meeting with the City Community Development staff to discuss the specific facts of your situation. Your proposed use may or may not be an unlawful ADU.

While the City has not defined the term "ADU" in its Code (again, because it is not a use allowed in the Code so not referenced as a term at all) according to the common use of the term, an "accessory dwelling unit" (ADU) is a smaller, independent residential dwelling unit located on the same lot as an existing single-family home. ADUs can be converted portions of existing homes (i.e., internal ADUs), additions to new or existing homes (i.e., attached ADUs), stand-alone accessory structures or converted portions of existing stand-alone accessory structures (i.e., detached ADUs). The ADU is an additional dwelling unit that is separate and apart from, and independent of, the existing single-family home. In some, if not many, existing single family dwellings in the City there can be a space that potentially could operate as an independent and separate ADU. For example, a single family home may have in the basement a kitchenette, sleeping quarters, and a bathroom. These additional areas with dwelling amenities are not prohibited provided that they are integrated with and used as a part of the existing single family dwelling and operate together with the existing single family dwelling as a single housekeeping unit. Typically, these additional areas are open or have a simple interior unlocked door that leads to the additional area and the additional area is used by the occupants of the existing single family dwelling. In totality, the entire existing single family dwelling is used by the members of a single family household who all use the two areas that include the kitchen(s), bath(s), and bedroom(s). Such use is lawful and considered a single family dwelling unit.

However, if the additional area and its amenities are separated and closed off from the existing single family dwelling unit (e.g., with a locked door, or any passage way removed) and that additional area is operated as a separate dwelling unit apart from the existing single family dwelling (that is, it is converted into an ADU), such conversion of the space to an ADU is unlawful and would essentially turn the single family dwelling into a unlawful duplex. If such an unlawful ADU/duplex was created at any time in the past, the City could today take legal action to enforce its long-standing prohibition of such separate and independent dwelling units (now commonly called ADUs) against the property owner and require the ADU to be converted back to use as part of the existing single family dwelling. If there exists evidence that the additional area with dwelling amenities was locked off or was leased or otherwise used by a separate independent family unit, such evidence would easily establish the area as an unlawful ADU.

I'd like to end by letting you know, as mentioned above, that the City is currently in the process of completing a Housing Study and on the table is whether or not to allow ADUs in the City and, if so, how to regulate them. https://www.centennialco.gov/Government/City-Projects-and-Initiatives/Housing There are opportunities for public participation as the City continues looking at these issues and if and how to amend its land use regulations. I encourage you to monitor the web site page and participate as you can.

Maureen Juran l mjuran@lawwj.com<mailto:mjuran@lawwj.com> l 303.754.3391
[LogoColorAALaw-01]
13133 East Arapahoe Road, Suite 100
Centennial, Colorado 80112
Main: (303) 754-3399
Direct: (303) 754-3391
Cell: (719) 440-9173 (Call first if your matter is urgent)
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