Commissioners approve Short-Term Rentals in Gilpin

IGA updates for Lake Gulch Whiskey Resort Project

By Randy Beaudette

On September 8, 2020 Gilpin Board of County Commissioners (BoCC) held a regular online meeting that discussed topics such as the draft Inter-Governmental Agreement (IGA) relating to the Lake Gulch Whiskey Resort project and the hot button issue of Short-Term Rental Zoning Regulations.

Board-Chair Gail Watson opened up the meeting promptly at 9:00 am along with Commissioners Ron Engels and Linda Isenhart. Joining online were County Manager Abel Montoya, County Attorney Brad Benning, Deputy Clerk Sharon Cate, and members from the Senior Leadership Team.

COVID-19 Update

Public Health Coordinator Bonnie Albrecht informed participants online that the Gilpin County number of confirmed positive COVID cases remains at eighteen. Today’s testing has been postponed until Thursday September 10th due to the weather.

The “Protect our Neighbors” application has been submitted to the State, and results of that application are expected sometime this week.

Emergency Operations Center (EOC) Manager Nathan Whittington provided a status update on the activities in the EOC. “The EOC is also experiencing a cold wintery day, doing a lot of clean-up, getting things organized, and supporting Public Health any way we can.”


Short Term Rental Zoning Regulation Proposal (Resolution 20-15)

Senior Planner Steven Strohminger led the discussion outlining the highlights of the regulations for Short Term Rentals (STR).

At the request of the Gilpin County Board of County Commissioners, the Planning Commission reviewed proposed zoning code revisions related to short-term rental regulations. The Planning Commission discussed the provisions at two meetings and developed Section 2.16 titled “Short-Term Rentals.” The regulations were developed using examples for surrounding jurisdictions such as Clear Creek County, Summit County, and the town of Nederland.

At their meeting on August 11, 2020, the Planning Commission held a public input meeting and incorporated many of the public’s suggestions into the proposed short-term regulations.  The Commission requested time to review the revised regulations to assure the changes were correct and complete. They scheduled a special called meeting for August 20, 2020 at 7:00 pm to make their recommendation to the Board of County Commissioners (BoCC). Their recommendation was forwarded to the BoCC to on Friday, August 21, 2020.

An STR is defined as the nightly or weekly rental of dwellings, dwelling units, mobile homes or rooms, excluding hotels and motels, that accommodates two (2) adults per bedroom as indicated on the Assessor’s records to a maximum of eight (8) individuals at one time, provided that the septic system can accommodate up to eight (8) individuals or the appropriate number of

bedrooms, for less than 30 consecutive days, including but not limited to: single family

dwellings, duplexes, multifamily dwellings, townhouses, condominiums, time share or similar

dwellings, excluding campers, tents, yurts, treehouses, and any other structure without water and septic.

Requirements for Short Term Rentals include:

  1. Completed Short-Term Rental Application.
  2. Registration Fee of $345 annually for each Short-Term Rental property.
  3. Evidence of legal water supply.
  4. Evidence of the availability of connection to a sanitary sewer system or an adequate

County approved onsite wastewater treatment system (OWTS) that has been pumped

and inspected by a County Licensed Use Permit Provider for the maximum number of

occupants proposed.

  1. An Annual Personal Property Declaration needs shall be submitted to the Gilpin

County Assessor as required.

  1. A scaled map clearly indicating the following:

–Lot size

–Subject parcel boundaries, including all setbacks appropriate for the zone wherein the short-term rental is located

–Location of residence

–Location of appropriate parking spaces

–Location of any outdoor garbage storage areas

–Location of snow storage areas

–Location of any outdoor cooking / fire facilities

  1. Copy of State of Colorado Sales Tax License for the STR if you do not use a rental

service that automatically remits the taxes to the State.

  1. If in the name of a business, a copy of the State Business Name registration and a list

of all owners, officers or members, and contact information for each person.

After much discussion and several public comments for and against the new regulations, Gilpin County Commissioners approved Resolution 20-15 two (for) and zero (against). Board Chair Watson recused herself from the vote citing conflict of interest as she is a Bed and Breakfast owner.

Whiskey Resort IGA

Gilpin County Attorney Brad Benning led the informational discussion on the topic of the Lake Gulch/ Whiskey Resort IGA between Gilpin County, the City of Central, and the City of Black Hawk. Draft copies have been circulated to officials in Central City and Black Hawk with some providing feedback relating to the language contained within the IGA. The IGA will establish Central City’s responsibility to maintain, provide future improvement, and control Lake Gulch Road which is one of the primary arteries into the Lake Gulch/ Whiskey Resort complex. Proximo Distillery plans to develop the site for the purpose of developing a distillery for the Tincup Whiskey brand. The development is proposed to include a distillery, barrelhouses, a visitor’s center, residential uses, guesthouse and cabins, a restaurant, event space, retail, parking and outdoor activities. Gilpin County will provide portions of the Black Diamond mining claim which the County owns, to allow for widening of Lake Gulch Road. It is unclear if Proximo purchases the Black Diamond Mine in its entirety, which they are interested in, if an amendment to the IGA may be needed to “clean up the IGA” to reflect a future status of the property’s ownership. Further discussion concerning the IGA was held in Executive Session which is not open to the public.

FAA Metroplex Update

Attorney Brad Benning announced that the Attorney’s Office has agreed on a briefing schedule concerning the FAA Metroplex pending litigation. The documents supporting the briefing are sent to the court for approval. Once approval is granted, the petitioners have seventy-five days to consolidate the arguments into one brief. Some arguments are overlapping, but the arguments filed by Gilpin County differ from the arguments from the other petitioners.

Road Legal Issues

The Attorney’s office was contacted to investigate some encroachments onto County roads in the Rangeview subdivision. Homeowners in that area will soon be contacted to correct these encroachment issues after an investigation by the County.

A resident along South Beaver Creek Road has already been contacted concerning an encroachment issue and the Attorney’s office is working with the property owner to correct the issue.

The County Attorney has been researching the road history on Dakota Hill site, where the main communication tower for the County is located, and will continue to follow up on that issue with the help from the Sheriff’s Office and former Sheriff Bruce Hartman.

Zoning Cases 

A camping violation at 554 Hughesville Road beyond 30 days is moving forward. The Attorney’s office will be setting a scheduling conference with the court.

Political Activities in the Workplace

The County Commissioners along with the County Attorney reminded officials and County employees that political discussions, handing out of literature, and campaigning at the work place is strictly prohibited. As far as personal time goes, the Board encourages employees to actively engage in the political process, but not while on the job. This also includes ballot issues. In the instance of the Community Center District, County Manager Montoya stated that the County Manager’s office has handed that issue off to the citizens group to handle directly. The County is allowed to assist them with providing factual documents, but is not allowed to provide analysis.

County Grant Applications

County Manager Abel Montoya and Business Analyst Gabrielle Chisholm shared a list of grants in which the County is applying for and those that have already been awarded. Clerk and Recorders Office, Community Development, CSU Extension, Human Services, Emergency Operations Office, Sheriff’s Office, and Parks and Recreation have all applied for or received various grants. Madam-Chair Gail Watson added the White Family Charitable Trust and the Allen Green Foundation. Emergency Operations Center (EOC) Manager Nathan Whittington updated the online participants that the Sheriff’s Office is currently applying for a Public Assistance FEMA grant to assist with some of the much needed COVID related Sheriff’s Office capital projects. Projects include the Lift Station, EOC build out, the patrol room improvements, and vehicle equipment upgrades. The Public Assistance FEMA Grant is a 25% County Funds match.

Mr. Montoya concluded that “There is a lot going on in the grant world.” The County Manager’s office is doing what they can to help obtain additional funds for the County.

County Road Supervisor Appointment

The Commissioners approved a motion to appoint Dave Rich as the County Road Supervisor as required by the State Statutes.

Meeting Minutes

The Board approved the meeting minutes from the August 6, August 18, August 21, August 25 regular and special meetings.

Executive Session

Gilpin County Commissioners approved a motion to recess into Executive Session to confer with an attorney for the local public body for the purposes of receiving legal advice on specific legal questions, and personnel matters except when the employee who is the subject of the session has requested an open meeting.

Next Meeting

The next online Gilpin County Commissioners special meeting will be September 15, 2020 at 9 am via Zoom.

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