“Be prepared to pay for whatever regulations we put in place” was Woodland Park City Councilwoman Catherine Nakai’s advice to council during an Oct. 6 work session.

The council discussed a new ordinance designed to regulate short-term rentals that was recommended for approval by the Woodland Park Planning Commission on Sept. 29.

The work session started out with presentations by Councilmen Robert Zuluaga and Frank Connors, who both requested the work session.

Zuluaga used the Constitution, the Declaration of Independence, and the Castle Doctrine — my home is my kingdom — to frame his objections to many of the provisions in the proposed ordinance.

He said the city has three options when it comes to STRs:

Let the market dictate when, where and how many STRs the city will allow, while completely ignoring zoning. He said later in the meeting, “Just because the market demands something, that doesn’t mean the community wants it.”

Try to please everyone by setting policies that cross zoning lines.

Use established zoning regulations.

He advocated for prohibiting STRs in all residential zones and allowing them on case-by-case basis in planned unit developments. One exception was owner-occupied rentals. This would confine STRs to commercial zones and the central business district.

At this point in the work session, council took a short break to remove a person disrupting the proceedings with shouted objections.

When the meeting reconvened, Connors made his presentation covering how other municipalities regulate or don’t regulate STRs. In Houston, for example, only owner-occupied rentals are allowed in residential zones. Denver only allows owner-occupied rentals period. Dallas calls STRs hotels, which are not allowed in residential zones and are taxed accordingly. Boulder doesn’t allow them in subdivisions.

A poll of each council member resulted in the work session going overtime and cutting into the regular council meeting.

Nakai said she was concerned that whatever the council does, the city will take a hit. If STRs are approved in most zones, it will exacerbate the city’s housing shortage. If they are prohibited in most zones, the city’s lodging-tax revenue will be reduced because STRs licensed in residential zones will become prohibited once their current licenses expire. All city business licenses expire on Dec. 31 of each year.

Several council members called the proposed ordinance unenforceable, heavy handed, confusing, etc. The consensus was that STRs should be confined to commercial districts and only owner-occupied STRs should be allowed in residential zones.

City Attorney Geoff Wilson said his firm will draft a revised ordinance, removing language council finds objectionable and following council guidance on new language. Both the original and revised ordinances will be presented at the Oct. 20 meeting for consideration on initial posting.

The regular meeting started 20 minutes late, but it was a short agenda.

During public comment on items not on the agenda, Jerry Penland spoke about conflict of interest and the need for more than just an honor system to decide when a council member has a possible conflict.

Linda Martin said STRs should not be allowed near schools. “You don’t know if someone in an STR is a sexual predator,” she said. “You also need to learn how to gather data.”

Council approved extending the STR moratorium, which was set to expire Oct. 15, to Dec. 15.

Patricia Stinner spoke against the extension. “Let it expire and direct staff to follow current rules,” she said.

Both Mayor Pro Tem Kellie Case and Councilman Rusty Neal voted against the extension.

With advice from Police Chief Chris Deisler, council denied allowing the city to participate in phase three of a study on consolidating 911 communication systems in the county. Cripple Creek has already voted to oppose phase three.

Council endorsed a grant application to the Department of Local Affairs for a Housing Needs Assessment. If the grant is approved, the city will seek a consultant to facilitate the assessment process.

Woodland Park City Hall, 220 W. South Ave., is pictured in this 2021 file photo.

Jeff Kearney, Pikes Peak Courier file