Berthoud Town Board 7/23/24

Main Topics

Development of Green Lawn Cemetery

A Plan for Short-Term Rentals in Berthoud

Public Comments

No public comments to start the meeting. 

The consent agenda was unanimously approved, and it included these items: 

1. July 23, 2024, meeting agenda
2. July 9, 2024, meeting minutes
3. July 2024 Board Report (packet)

Operations Manager Knoll and Town Clerk Samora proposed a design update to the Green Lawn Cemetery. The Green Lawn Cemetery has been a part of Berthoud’s history and community identity since 1884. 

West of the Green Lawn Cemetery is an undeveloped 4-acre field that serves as a future expansion area for the cemetery. Town staff worked with WENK Associates to develop a conceptual design that would blend the two properties together. The design includes:

1. New Upright marker and Flat marker sections
2. A memorial garden and columbarium wall
3. An improved columbaria area
4. A designated entrance for an entrance sign.

The focus of the conceptual design is to not only expand the cemetery to the west, but to also enhance the existing cemetery. The concept design includes the following key additions and enhancements to the cemetery:

• Expansion to the west. The proposed expansion would add an estimated 1,405 burial plots. The additional plots would be inclusive of areas that permit upright burial markers, flat markers, and additional columbarium niches.
• Veteran memorial garden. The concept includes a memorial garden to recognize the six branches of the United States Armed Forces. The memorial garden would provide a dedicated gathering space for ceremonies held at the Green Lawn
• Cemetery. ADA compliant parking and restrooms would be adjacent to the memorial garden.
• Improved columbarium memorials in the existing portion of the cemetery. Improvements include additional columbarium, trees, benches and additional plantings.
• Removal of existing buildings at the County Line Road (east) entrance. The east entrance would become the main entrance with monument signage and landscape features. The monument sign and landscaping would be positioned roughly in place of the existing restroom and maintenance buildings.
• Construction of new fencing along Hwy 56 frontage. The existing cemetery sign will be incorporated into the design of the cemetery. The design includes a dedicated maintenance yard in the NW corner of the cemetery. Relocation of all maintenance facilities will improve security and enhance the beauty of the existing cemetery.

Senior Planner Hillenbrand introduced a first reading draft of short-term rental regulations. The discussion was open for public comment. 

From the packet: Many jurisdictions have developed programs and regulations to manage short-term rentals and achieve positive outcomes. While short-term rentals provide options for visitors and owners, short-term rentals could impact the neighborhoods in which they are located with respect to parking, noise, and neighborhood livability and character. Short-term rentals are not currently allowed in the Town of Berthoud. 

In January 2024, town staff kicked off the Short-term Rental Regulations project with an introduction to the Short-term Rental Regulations project webpage and the launch of a community questionnaire to collect feedback on short-term rentals. In the two weeks that the questionnaire was active, 437 community members completed it. 

1. The Public Hearing Draft proposes a definition for Short-term Rental, which is currently not defined in the Development Code. This includes total maximum occupancy for short-term rentals as 10. This also includes clarifying the total maximum occupancy of 12 for Bed and Breakfast use as currently defined by the town code.
2. Use specific standards are divided into 3 subsections:
   1. License requirements, including annual renewal, license non-transferability standards, a limit to number of licenses per owner, and posting the business license information.
   2. General standards that include requirements such as establishing a cap on the number of approved short-term rentals, limiting short-term rentals to one per property, legal dwelling unit standards, total occupancy limit, minimum off-street parking requirements, and restricting use of the short-term rental as an event space.
   3. Safety standards, including life-safety inspection requirements, fire extinguisher, safety signage, operations manual, and property manager requirements, as well as neighbor notification requirements and proof of liability insurance requirements. 
3. Fee schedule – a proposed fee schedule would be a $1,000 deposit for the initial safety inspection and administrative time. The first-time license fee would be $350. License renewals each year would be $150. 
4. A second reading of the draft happens at the Board of Trustees public hearing on August 13, 2024. If the staff receives approval on August 13, 2 public webinars will educate about the Short-term Rental Business License approval process for those property owners interested in applying. These webinars will include information about the application process, including timelines, fees, submittal requirements, and expectations for the required life safety inspection. The first webinar will be held on Wednesday, August 14, 2024, at 6:00 p.m. and the second webinar will be held on Thursday, August 15, 2024, at 7:00 a.m. More information can be found on the town’s website. 

The board members discussed different scenarios. Some of the questions that arose:

1. Are short-term rentals considered a bed & breakfast? 
   1. Town Clerk Samora said there is already a code for bed & breakfasts in Berthoud. Breakfast must be served to the renters. 
   2. A short-term rental is typically occupied 30 days or less and the renters make their own breakfast if they want to. 
2. If a single-family home rents out the basement or an upstairs bedroom, is that a short-term rental?
   1. Staff explained that if the basement has its own utilities and entrance, then the home is a duplex, not a short-term rental. However, if the basement or a bedroom is repeatedly rented out for less than 30 days, it may be considered a short-term rental.   
3. What about HOA’s and Metro Districts? If the town has regulations for short-term rentals, are the HOA’s and Special Districts required to comply?
4. What about parking? Homes in historic parts of town have garages off the alleyway. Is there enough room for renters to park? Will parking be a problem for neighbors? 

Senior Planner Hillenbrand said they will be developing an operations manual with good neighbor guidelines. She said all properties will have life safety inspections for proper fire and carbon monoxide alarms. Inspections will ensure properties meet all codes. 

Public Comments

A resident asked the board why they want to do this, and how much will it cost for board time and administrative time to figure this out. 

A resident wants the board to do this with deliberation and purpose, not speed. He said there needs to be good policy and specific standards. He suggested using Larimer County’s policy. 

One resident recommended the town look at what other cities have done. She also recommended they market to hotels instead that would bring in commercial revenue.

Another resident agreed it’s beneficial to have tourists in town. Residents host graduations, weddings, and other events. The town needs accommodation.     

The meeting was adjourned at approximately 11 p.m. The board went into Executive Session. 

Pursuant to C.R.S. § 24-6-402(4)(e)(I) to determine positions relative to matters that may be subject to negotiations, developing a strategy for negotiations, and instructing negotiators. And the following details are provided: Potential Property Acquisition.

Next meeting is Aug. 13, 2024, at 6:30 p.m. via Zoom, or in-person at 807 Mountain Ave., Town Board Room, Berthoud, CO 

Questions To Consider

How much will homeowners in Berthoud need to pay on average to be part of a short-term rental market?

Is there opposition to the planned development of 4 acres west of Green Lawn Cemetery?

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For more information (including members in attendance) see the full notes document here.*

View the meeting agenda and packet.

A video recording of the meeting is available here.

From the Town website – “The Town of Berthoud is governed by a seven-member Board. The Mayor and Trustees are the policy makers elected to represent the community and to concentrate on policy issues that are responsive to the needs and wishes of the community. The Town of Berthoud is committed to transparent, collegial, ethical local government, and has adopted the "Town of Berthoud Code of Conduct for Elected Officials, Boards and Commissions" to provide guidance assisting Public Servants in the performance of their duties in a manner which serves the public interest and honors public trust.”

*Citizen Observers further the commitment of the League of Women Voters to its principle of Citizens Right to Know, however, we are not acting as journalists. Omissions and errors are possible. It is assumed that users of this information are responsible for their own fact-checking. This could include contacting a government clerk, conversing with an elected official or staff, and/or asking us to speak to the Observer who attended.