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Good afternoon. Welcome to the Holiday City Planning Commission work meeting. I believe we have all commissioners in attendance | 00:00:00 | |
and both members of city staff and legal counsel representing. So it's a full house and a party. We have just the one legislative | 00:00:07 | |
item today, and this is a continued item from the last meeting when I was not here. So I'm going to lean heavily on everybody else | 00:00:15 | |
that was to tell me what I missed and we'll just turn it right. | 00:00:22 | |
City staff to launch us in so we can have the Q&A and fun stuff out of the way. | 00:00:30 | |
OK, so on this one I highlighted the items that were added into the staff report. | 00:00:36 | |
Essentially, how many properties this change would affect? So there's eight properties that are currently zoned as PO. They're all | 00:00:43 | |
on 80 foot wide right of ways. 39 properties are zoned as RM. These properties already have the short term rental right associated | 00:00:51 | |
with being in the RM zone. So those could potentially rezone to PO because they're all being used as. | 00:00:59 | |
Office space so. | 00:01:08 | |
By allowing short term rentals conditionally in the PO zone, you're just moving that right from the room zone to the PO zone. So | 00:01:11 | |
that's the difference. I kept my recommendation the same, but there is some flexibility here. Commissioner Baron did talk about | 00:01:18 | |
last time. | 00:01:24 | |
Doing a positive recommendation to City Council and leaving it up to them as if they want to do it in the general plan or if they | 00:01:33 | |
wanted to make that change currently. So I'm kind of open to any discussion or questions on that. | 00:01:40 | |
I think the issue was that. | 00:01:56 | |
You know, this affects more than one property in one zone and that and I, my feeling remains that this is a great concept and | 00:01:58 | |
they're worthy of discussion when we do the general plan. But to spot zone, you know, to pick off PO and not deal with all the | 00:02:06 | |
others and not figure out what the overall rationale is. I'm I'm just nervous about doing that. And this was a case where the | 00:02:13 | |
applicant. | 00:02:20 | |
Made his own change to the zone and then didn't get what he wanted when he decided he wanted to do. I remember the request was to | 00:02:28 | |
have to to residential units and then it changed after he made the request and was granted that and that and so I I'm still of the | 00:02:37 | |
opinion that without the context of the whole general plan and how. | 00:02:45 | |
These units ought to be allowed across all of the zones in the city. | 00:02:54 | |
So I'm still in favor of not dealing with this. | 00:03:00 | |
Just to clarify, this is. | 00:03:07 | |
This is a text amendment. This is a text amendment for all the zoning. This is not a conditional use just for him, right, Right. | 00:03:11 | |
It's a conditional use for short term rentals being permitted or sorry, conditionally permitted in the PO zone. So right now it | 00:03:18 | |
does not, it's not a permitted conditional use. | 00:03:25 | |
In the PO zone, it is a conditional use in the RM zone, which many of these properties that are RM would convert to PO at some | 00:03:33 | |
point. But in the RM, if it's, is it a conditional use that would have to come before Planning Commission if this same text | 00:03:40 | |
amendment goes through with all future still in the PO go through that same process? | 00:03:47 | |
So really it's, it's not like we're green lighting short term rentals across the board to just nobody has any say or input on | 00:03:55 | |
them. They still have to go through the process. We're just extending it from the RM zone that it already has over to the PO zone | 00:04:01 | |
then, right, right. | 00:04:06 | |
OK, Chair, I would caution you on a conditional use is. | 00:04:13 | |
Not as conditional as you think, as you might think. So that's why I call it a permitted. You set up, you know certain regulations | 00:04:19 | |
that you have to jump through these hoops or meet these certain conditions. If they meet those conditions it has to be approved | 00:04:25 | |
kind of thing. That's so conditional uses used to be. | 00:04:31 | |
Very subjective and the courts over the years have. | 00:04:39 | |
Made them objective. | 00:04:43 | |
So if you have it a conditional use, you can set reasonable conditions, but if they meet those reasonable conditions, they get it. | 00:04:45 | |
But it still would fall in line with basically matching the room which already has those set conditions in place, right? Other | 00:04:52 | |
than this allows a PO, I should say differs with the RM as it allows certain office space to be used as where the RM doesn't, | 00:05:01 | |
right? So the PO zone kind of expanded office uses to include medical. | 00:05:09 | |
Educational uses? What else was in the PO zone that was added in? | 00:05:19 | |
Mostly medical, you know. | 00:05:24 | |
So it's just allowing the office space that already exists to be used for a wider range of professional services. | 00:05:26 | |
And then the PO zone has the residential use as a conditional use. So the applicant originally applied for changing to the PO zone | 00:05:34 | |
and then doing the so that he could expand his office uses in that zone and then. | 00:05:43 | |
Wanted to do the residential units above, so then the process within. Now being in the PO zone he needed to do the conditional use | 00:05:53 | |
for those residential spaces. | 00:05:57 | |
Two questions. So this really isn't a general plan item, is it? I mean, this is not what the general plan is meant to do to solve | 00:06:04 | |
specific zoning. | 00:06:09 | |
That's my first question and maybe that's too arbitrary of a question to answer. So the second one is this will be a conditional | 00:06:17 | |
use permit if we do approve it. So what are the criteria or the? | 00:06:23 | |
Measures by which they have to meet to get this approved. Have we thought about whether parking? I think that's probably one of | 00:06:31 | |
the ones you talked about last time. | 00:06:36 | |
Umm is there? | 00:06:41 | |
And so it will stay the same then as far as the use. | 00:06:47 | |
Zone, PO zone be added to these criteria. So originally this criteria only looked at room and R2. So now we're going to say RMR 2 | 00:06:51 | |
and PO has to meet these criteria. So the Planning Commission has to approve it if they can show you that they meet all of these | 00:07:00 | |
elements. So in your experience, does this, has this been enough to do these and are you satisfied with the results? | 00:07:08 | |
From my point of view, yes. So considering this in the PO areas, to me they're all on major streets or on major arterials, which. | 00:07:18 | |
You probably wouldn't even know that somebody was staying there. | 00:07:27 | |
So I'm always looking at the impact of the neighborhood and in these cases I don't see that there is measurable or that was the | 00:07:31 | |
intent is to keep those uses on those major streets. | 00:07:36 | |
You had to be in an room zone, you had to be in R2, but you also had to be on a major Rd. | 00:07:43 | |
And these all are so that meets that criteria. | 00:07:50 | |
I mean, I see that the Office uses are starting to kind of morph into. | 00:07:53 | |
More flexible type of, I mean whatever we want to call it these they flex uses or. | 00:07:59 | |
And I'm more, I'm leaning in that as far as allowing more of that. | 00:08:05 | |
As long as it doesn't have an impact that we can really measure. | 00:08:12 | |
And maybe I'm by myself on this, but I am trying to make or I'm trying to help. | 00:08:17 | |
In these considerations that. | 00:08:23 | |
Obviously, we're not considering everything like Paul was saying that, you know, there will always be something that's an outlier | 00:08:26 | |
that will go well. We probably should have thought about that when we approved this, but. | 00:08:32 | |
I'm more of the thing that we're leaning towards allowing these to be used whereas, you know, in the past or since COVID offices | 00:08:40 | |
have been vacant to a large extent and. | 00:08:45 | |
I'll be quiet now. | 00:08:53 | |
I was discussing with the Commissioner Roche how it can be costly to convert some commercial spaces into residential spaces, so | 00:08:56 | |
being able to have a short term rental type of use might offset some of that economic cost that would would enable some | 00:09:04 | |
residential use. A lot of times too, with your short term rentals, people end up staying there for longer. | 00:09:12 | |
Where it's above an office space, you may have somebody who wants to. | 00:09:21 | |
Live above and use an office space below or kind of rent for a couple of weeks with an office and have some residential space. So | 00:09:24 | |
there are some benefits there. | 00:09:29 | |
But but the same concerns that Commissioner Cunningham has of, you know, what are the impacts of this? Is this kind of what is | 00:09:36 | |
intended in a larger picture? | 00:09:41 | |
Scope I think is worth considering to. | 00:09:47 | |
One guardrail that just kind of like playing the what if scenario and don't hate me and think I'm a terrible person because my | 00:09:49 | |
mind goes dark sometimes. But looking into the the crystal ball of like what could happen. Is there any kind of safeguard for a | 00:09:57 | |
conflict of interest with a short term rental in the same structure as a business. For example, if you have a kindergarten or. | 00:10:05 | |
A children's clinic, and then you have someone who's on a registered offender list. | 00:10:15 | |
Not allowed to be within such and such distance of children. Is that going to be a conflict, conflict if he's or they are | 00:10:21 | |
potentially looking at renting or is that something that is mitigated some other way? I would think that that is mitigated by if | 00:10:29 | |
you're, if you're on a registry list, there's going to be locations that you can't rent or you can't live. So if a, if a | 00:10:36 | |
educational purpose is already established in a building, then somebody who's on a registry can't rent in a vicinity of that. | 00:10:43 | |
Is there a way that that would be known to that? Like I'm again, just trying to think of the scenarios here. Is there a way that | 00:10:51 | |
that person would know that if it's just listed as a short term, I believe that those kinds of things are. | 00:10:58 | |
I don't know on short term rentals because it's the same person in this specific case could go and rent A room at the hotel next | 00:11:05 | |
door. Is that going to be any different than? | 00:11:10 | |
A short term rental in the same building? I mean I just hotel, different structure. Children's Hospital. Literally down the stairs | 00:11:17 | |
from where I'm staying in my room. | 00:11:22 | |
Right. Like that's just again. | 00:11:27 | |
What if scenarios, right? Just that's one that pops into mind. But I mean outside that's a really good. | 00:11:31 | |
Conversation to have. Because they're conditional, you'll be considering them. A Planning Commission will be considering them | 00:11:37 | |
separately. | 00:11:41 | |
You'd have the time to take a look at what building that it's going to be proposed in, and what other uses are already there. | 00:11:46 | |
The problem you have is a chicken before the egg type situation. You know what's already there before you put the short term | 00:11:52 | |
rental, but what happens after that? | 00:11:56 | |
One question, sorry, go ahead. My, my question is sort of lingering from last time, which is how does this interact with holidays | 00:12:04 | |
desire to increase moderate income housing. So short term rentals can often be in conflict with that in some places. I don't know | 00:12:10 | |
what our balance is in terms of are they, if we didn't approve this, would they do a long term moderate income rental because | 00:12:16 | |
they're small and they're on a big Rd. | 00:12:22 | |
And it would be affordable for someone who could otherwise not rent here. | 00:12:29 | |
From my point of view, it's a dread conflict. Short term rentals are already the lowest hanging fruit for a landline. | 00:12:33 | |
To lease out quickly. | 00:12:40 | |
And very expensively rather than the long term lease every single time. So the question that I had that there's nothing that | 00:12:42 | |
permits this. | 00:12:46 | |
Landowner from renting long term to somebody. | 00:12:52 | |
So they could use it, They're just trying to do the short term to make a little bit more money. | 00:12:56 | |
Off of the unit. | 00:13:02 | |
So really, I mean, they could go ahead and rent out to somebody because I looked at kind of the timeline of the general plan and | 00:13:03 | |
making them wait, you know, while the general plan is talking. | 00:13:09 | |
About reviewed and put together again. | 00:13:14 | |
But the factor means that they still can rent that out and still have an income coming in. | 00:13:18 | |
While they wait and while we address this in there. | 00:13:25 | |
Because to me, that's a big argument in favor of saying let's not do that because Holiday is trying to in a bunch of other ways, | 00:13:30 | |
trying to increase moderate income. Let's let's not make it so that. | 00:13:36 | |
That these owners can switch from what would reasonably be longer term rentals to short term rental. I don't think that makes | 00:13:43 | |
sense. And in fact, I think maybe in the general plan name, general planning in the future, I don't know if we would consider | 00:13:51 | |
making it so you couldn't rent short-term in RM, you know, moving it back instead of pushing it forward. Because if we want, if we | 00:13:58 | |
want people to be able to live in a holiday for reasonable price, then I think we make it harder to do. | 00:14:06 | |
Rentals not easier. | 00:14:13 | |
It's a double edged sword because you do also want to provide locations for these uses to play out. | 00:14:15 | |
So they're not the neighborhoods to be detached single family neighborhoods. | 00:14:21 | |
To have them. | 00:14:25 | |
If that makes sense. So I think what I think Carrie has put in her staff report to maybe consider a percentage of the units that | 00:14:27 | |
you have in the building is maxed or capped. | 00:14:33 | |
For the number of uses that can be open to short term opportunities. The rest obviously would have to be a long term rate. | 00:14:39 | |
Who benefits from that other than the property owner? | 00:14:48 | |
It can be beneficial in other ways. So when we had our last rezone application and where they're specifically looking at workforce | 00:14:53 | |
housing, a way to offset that workforce housing is with market rate housing. If you can then do short term rental, which is a | 00:14:59 | |
higher market rate than what your standard market rate housing would be, then you can have more units that can go to workforce | 00:15:06 | |
housing or moderate income housing. | 00:15:13 | |
Compared to your, it's just a balance of ratios, right? | 00:15:21 | |
So if you have a higher market rate here, you may only need 2 short term rental units. | 00:15:24 | |
And then have more workforce units, judging by how many units you can fit within a building within a project, you can, you can | 00:15:30 | |
change your ratios if you have a higher market rate. So that's a that's a potential benefit. | 00:15:37 | |
That only work if they have multiple excuse me, I mean maybe more than 3 units right? Because it would either be 3050% if you have | 00:15:44 | |
two. | 00:15:48 | |
Or 33%, I mean. | 00:15:53 | |
So it seems like if you're a big entity, doing a percentage could work. If you're small, that might. | 00:15:55 | |
Just not help. That's interesting. | 00:16:01 | |
Did we have, I know there was a discussion I had with Carrie earlier about tax. Did we figure out how that? | 00:16:06 | |
Compared as far as losing the commercial tax and gaining the short term rental tax, was that pretty much apples to apples or was | 00:16:15 | |
there a net loss or gain in doing one versus the other? This is from the most recent budget. So goes through funding sources with | 00:16:23 | |
taxes, property taxes general 16%. | 00:16:32 | |
And sales tax, you're going to have various things that in the PO zone, there's not any sales tax because it's not retail. So | 00:16:40 | |
you'll just be property tax. And then at the bottom there you can see the transient room tax, which is 35.7%. | 00:16:48 | |
So there's there is a higher tax rate from having that transient room service that benefits the city. | 00:16:58 | |
So there would be more income as long as the units were occupied. | 00:17:04 | |
At all basically. | 00:17:09 | |
OK. | 00:17:11 | |
So then when you're renting for a higher rate, the city is getting a larger portion of that as well. | 00:17:14 | |
And that's a common issue with people who are doing short term rentals in neighborhoods. They don't have that since it's not a | 00:17:20 | |
permitted use by cities. | 00:17:24 | |
They're operating those illegally and then the city is also not getting that tax benefit from that transient rate. | 00:17:30 | |
So this the applicant doing this in Broadview daylight is a financial benefit if it was to get the positive recommendation and | 00:17:42 | |
move forward. | 00:17:47 | |
Because we all know how budgets work. | 00:17:57 | |
We would lose probably 1 moderate income housing rental unit. | 00:18:05 | |
I wish I could be excited about doing something. | 00:18:10 | |
But this guy is. | 00:18:13 | |
I mean, he changed his own and he didn't like what he got and now he wants to change what he got and I. | 00:18:16 | |
I'm just not feeling inclined to do anything. | 00:18:23 | |
To help, because that's just. | 00:18:28 | |
Feels like a waste of our time. | 00:18:33 | |
Aaron was. I'm not supposed to say that out loud. | 00:18:36 | |
But I'm not sure he knew what. | 00:18:39 | |
What he was asking for. | 00:18:42 | |
Well, is that our fault? Well. | 00:18:44 | |
There, there was number. The other thing was is there was no way he was going to get both of the things he wanted out of that | 00:18:47 | |
though, right? He couldn't get short term rentals and the office space and the living unit under any zone that we currently have. | 00:18:53 | |
So I remember because I asked, I asked specifically on this like this guy wanted C1 instead of C2, even though C2 was all around | 00:18:59 | |
him. And I felt like that lined with general plan. Why are we doing it differently? But this still wouldn't have been allowed if | 00:19:05 | |
he had. | 00:19:11 | |
That C2 instead of C1 zone and he'd still be coming back before us saying, hey, I want to put a BMB up here. I'm afraid he's going | 00:19:17 | |
to show up and ask we accommodate him. He's going to come back and come ask for something else. But in the meantime, I will say, | 00:19:23 | |
John, I'm going to die of heat stroke. Could we turn on the air conditioner? It is a little warm, which may have something to do | 00:19:30 | |
with the fact that I just preserving tax dollars, right? | 00:19:36 | |
So if the AC is on by the time he gets here, you might turn the AC on or it's going down. | 00:19:42 | |
You know The thing is. | 00:19:47 | |
What's the big deal? Why doesn't he just rent out the other unit? | 00:19:51 | |
Why does it have to be short term? | 00:19:54 | |
Well, I think from what I read in there. | 00:19:58 | |
Like application where is that the short term because it is smaller unit. | 00:20:01 | |
It would be easier to rent it out on that basis than like a long time is what he put in the application, which makes some sense. | 00:20:07 | |
You don't fit to a small place, you know? | 00:20:13 | |
Rent it out to skiers that come. I think that this is something that's going to come up more with the Olympics coming too. There's | 00:20:20 | |
going to be a lot of people. | 00:20:24 | |
That are all the sudden going to hop on the short term rental wagon. They just won't come to Planning Commission first, right? | 00:20:28 | |
Yeah, they'll just do it on their own. | 00:20:33 | |
Period. | 00:20:42 | |
You know, as been brought up as offices are closing and uses are changing. It's something that you know the the staff is | 00:20:43 | |
recommended and and Paul, you know, brought up. | 00:20:49 | |
That going about this through the general plan is probably the way to go, not just making a concession because somebody wants to | 00:20:56 | |
rent out as a retirement. I mean, this is. | 00:21:03 | |
Their retirement property. | 00:21:10 | |
We probably should. | 00:21:13 | |
Have it go through the right channels well. | 00:21:15 | |
I mean, and I'll be honest, for me like this one property this particular. | 00:21:20 | |
Applicants address. Why not? He's got a hotel across the way. Like he's literally around the corner. It's right off the freeway. | 00:21:26 | |
This is not some cute moderate income family's gonna move in there with their two kids and need a playground in the backyard. | 00:21:33 | |
Like, you know, when we talk about what's ideal like AB and B, makes perfect sense right there. My concern is more along the lines | 00:21:41 | |
of does it make sense as a text code amendment to allow all of those in the PO zone to start doing it? | 00:21:48 | |
That process or is that part of it makes sense more in the general plan. And if this guy wants to do it through just a regular | 00:21:56 | |
conditional use just for his property exclusively, I'm not saying that's something I'd be opposed to, right? | 00:22:03 | |
So, but I don't know how much extra work that creates for the applicant or for Kerry. Is that something that we can even do? Like | 00:22:11 | |
could he do just a conditional use for just his location to do it as opposed to the text amendment? No, because it's since it's | 00:22:19 | |
not in the table of allowed uses, it's not allowed at all, not even an option. So it's a non starter for it. | 00:22:26 | |
Maybe he could rent out his pool at the same time. How did that turn out, by the way? | 00:22:37 | |
What I do tell? | 00:22:44 | |
People when they want to do something short term, because we have people who come in and ask about short term rentals all the | 00:22:45 | |
time. And I say you can do a furnished rental, you just have to rent it for 30 days or longer. And a lot of people can find an in | 00:22:51 | |
between with doing that of doing a 30 day rental furnished and it it works for them. | 00:22:57 | |
So I don't, I don't think that. | 00:23:04 | |
Not doing not doing a positive recommendation or doing a negative recommendation. It's there's other ways that he can still use | 00:23:07 | |
the property and be OK and largely for all of PO properties and RM properties as well, but. | 00:23:15 | |
That's why I asked the question. There's nothing that's stopping him from renting out property, just can't rent it out in the way | 00:23:23 | |
that he specifically wants to right now, right. And that might be a larger discussion about short term rentals and moving forward | 00:23:30 | |
from the general plan into code modification. So having that input from the community in general as to how do we want to manage | 00:23:37 | |
short term rentals. And Jonathan was the last discussion on that like 2012. | 00:23:44 | |
So being able to have that conversation again now that it's a little bit more prevalent and. | 00:23:55 | |
Seeing the tax benefits that it can provide, how do you want to manage that in the city or not at all? | 00:24:02 | |
So he could rent it out 30 days at a time? Yeah. | 00:24:08 | |
So. | 00:24:12 | |
We had before us not long ago the office building on Highland, and I want to say 43rd South, something like that, where it had | 00:24:13 | |
like, I don't know, 90 rooms inside this giant office building and they wanted to build another one or something like that. Am I | 00:24:20 | |
losing my mind? That was recent, right? That something like that was on the agenda if we were to, because that's APO now, I | 00:24:26 | |
believe. Didn't that get rezoned APO for that one? | 00:24:33 | |
What one was from the old carriage meeting house. Is that a condo plat? We were approving a change where they added an office | 00:24:40 | |
condo upstairs or something. Split one or? | 00:24:46 | |
Split the levels into ownership. | 00:24:53 | |
Right. So I mean, is that something where we're opening the door for a large structure like that to now have 25 short term rentals | 00:24:56 | |
running and operating out of it like a hotel, but instead it's done Airbnb so they don't have to have the Marriott name on the | 00:25:02 | |
side of it and all the regulations that go with that? | 00:25:08 | |
Right. And that's the. Yeah. | 00:25:15 | |
Because we don't have one, we don't have residential. | 00:25:19 | |
Caps necessarily in the PO zone, we just have residential uses as a conditional use. So residential uses would have to come to the | 00:25:23 | |
Planning Commission to be approved first of all and then it would have to come to the Planning Commission for short term rentals. | 00:25:31 | |
And that's where that recommendation if there is a positive recommendation that you would want to likely put a cap or percentage | 00:25:38 | |
on how many units could be short term and that's that's where I think that's. | 00:25:46 | |
Part of that larger conversation about how you, how the community in general wants to see short term rentals. | 00:25:53 | |
In the in the community. | 00:26:03 | |
I hate to say that some types of projects are unfeasible, especially around here. I've seen some dramatic things happen. | 00:26:05 | |
We found that converting office space to residential is extremely expensive. | 00:26:13 | |
As you're going from commercial building code to residential building code and taking interior workings and having to put | 00:26:18 | |
bathrooms and I. | 00:26:23 | |
And sinks, kitchens, all of that sort of facilities that you have to have for to meet residential building code into an existing | 00:26:29 | |
commercial space. | 00:26:33 | |
And I think that's an issue this applicant is even having with his application is trying to convert those upstairs spaces from an | 00:26:40 | |
existing commercial space and trying to meet the code differences where it's he's, I think he's been in the process on that for a | 00:26:45 | |
few months, so. | 00:26:50 | |
So they're not occupied currently. | 00:27:00 | |
I think it's occupied still as office space, but. | 00:27:03 | |
Not as a residential use, it's not right. So he had to wait for the conditional use to even permit the residential use and then | 00:27:07 | |
can apply for a building permit. And now he's working through that building permit process. | 00:27:14 | |
So delaying this is not as urgent. | 00:27:23 | |
As well. | 00:27:26 | |
Well, OK. | 00:27:31 | |
I think we'll, we'll, we'll see if the applicant has anything additional to offer. We'll have I'm sure some discussion and then. | 00:27:33 | |
Land on a motion, I suppose that best fits for the scenario here. The only other item we had on there was the the minutes for the | 00:27:42 | |
the meeting. I don't know if we're out of order if we just talk about those so we can just approve them at that time. Is that OK? | 00:27:47 | |
Green light? Anyone have anything on the I got a thumbs up. Does anybody have anything on the minutes they saw needed correction | 00:27:53 | |
or question? | 00:27:58 | |
Everybody's good on that. All right, well, that'll be a real quick motion then. | 00:28:07 | |
So. | 00:28:11 | |
At this point, unless there's anything else to discuss on this item, I don't know if the applicant is going to be here or not, but | 00:28:13 | |
we can take a, we'll close the work meeting and take a a one minute pause here while we wait and see what's going to happen and | 00:28:18 | |
then we'll roll right in. | 00:28:22 | |
Did you put your? | 00:28:49 | |
Did she? Did the poor lady withdraw? | 00:29:14 | |
I was just giving Dennis the 32nd version of it. | 00:29:24 | |
Because, you know, I was looking at the ocean. | 00:29:29 | |
Do you want to mention that? | 00:29:35 | |
What's that? I want to run up the ocean. I'll rent out the condo I stayed in again, that's for sure. | 00:29:37 | |
Where were you, Lincoln City? | 00:29:43 | |
So we're just in Oregon? | 00:29:46 | |
Kind of straight out from Medford. | 00:29:50 | |
It was a condo. | 00:29:56 | |
I'm gonna guess it was, but I don't care. Like they charged a lot of taxes. | 00:29:58 | |
As they come in, so we can set parameters. | 00:30:05 | |
About the individual criteria, I think, I think we drove all the way out of proportion. | 00:30:10 | |
It doesn't make that much difference. The city doesn't. | 00:30:21 | |
Probably more illegal. | 00:30:26 | |
Than legal as. | 00:30:29 | |
I mean because Airbnb. | 00:30:32 | |
Those have been. | 00:30:36 | |
Though it didn't rain once the firestorm and short term rentals and I think the city is trying to get ahead of light enough to | 00:30:38 | |
monitor 59 high of like 60. | 00:30:44 | |
The next couple years. | 00:30:52 | |
This isn't This isn't going to make that big of a difference. | 00:30:55 | |
I mean, we can send it to council and deny it or approve it. | 00:31:00 | |
This is one of those items. | 00:31:05 | |
Period. | 00:31:09 | |
I would never bring a text amendment based on somebody wanting to modify their own specific property. | 00:31:12 | |
I would always say the city will do a text amendment. | 00:31:25 | |
Based on this, and the city does the research on the impact. | 00:31:29 | |
Given to the Commission so they understand what they're measuring. | 00:31:35 | |
Because I think we're blaming this guy for this. | 00:31:40 | |
I just think that's kind of. | 00:31:45 | |
Is based on his property. This makes perfect sense. Like Dennis, and it's just that. | 00:31:49 | |
I guess I'm just up in the night. | 00:31:57 | |
I was looking at, I just look at what's happened in the past and what's going to happen in the future. This is not a big deal. | 00:32:03 | |
It's going to send us somewhere with no bugs and no heat, you know? | 00:32:13 | |
That's why I'm sitting over here. | 00:32:17 | |
I'm the left, I'm on the left. | 00:32:21 | |
This is the liberal part of the Commission, I guess. | 00:32:26 | |
I wouldn't miss it long, but I didn't have to come back once. | 00:32:31 | |
All right, we should we jump right in and get going here. It doesn't. | 00:32:40 | |
Look like we got. | 00:32:45 | |
All right, good evening. Welcome to the Holiday Planning Commission. | 00:32:56 | |
Meeting August 20th, 2024. We have all commissioners, City staff and council with us this evening. We have two items on the | 00:33:00 | |
agenda. We have a continued item. | 00:33:06 | |
And then the approval of meeting minutes for two meetings. And with that, I don't see any members of the public here for reading | 00:33:13 | |
the opening statement, so we'll just jump right in. And if city staff wants to give us the. | 00:33:21 | |
Summary. | 00:33:30 | |
We'll see if this is done. Yep, all right. Figured I'd be official and come up to. | 00:33:40 | |
Stand here. So the first item on our agenda is and I guess the only item beyond minutes is the proposed ordinance amendment to | 00:33:45 | |
conditionally allowing short term rentals in the PO zone. This is a continued item from our last meeting in July. | 00:33:56 | |
There were some questions about how many properties that this would affect. | 00:34:09 | |
So expanding this to the PO zone would. | 00:34:14 | |
Affect 8 properties. We have 8 properties that are currently zoned as PO. All of these are serving as office spaces, so commercial | 00:34:18 | |
in nature but without a retail component. There are medical, dental. | 00:34:26 | |
Losses a variety of just Office uses. | 00:34:35 | |
The RM zone is a zone that was under Salt Lake County had both uses of professional offices and. | 00:34:38 | |
Multi family uses all in one zone so that there are a lot of professional offices that are still zoned as RM that have the | 00:34:49 | |
potential to be zoned as PO. So those are detailed in the staff report. There's 39 properties that are used as office spaces. | 00:34:56 | |
Those could be resolved PO and then would have that same expansion of the short term rental right extended to them. So they | 00:35:03 | |
already have that right under the RM zone. | 00:35:11 | |
It would be expanded into PO if that received a favorable recommendation. | 00:35:18 | |
So that's the breakdown of the different properties, how many that would affect. All of these properties are on 80 foot wide right | 00:35:24 | |
of ways predominantly Highland, Dr. Murray Holiday Rd. a few on 39th and a few on 45th and Holiday Blvd. So those are all detailed | 00:35:31 | |
on there there's. | 00:35:38 | |
Some support in the general plan for each of those between the Highland Dr. Master plan that supports more commercial uses. When | 00:35:46 | |
you're looking at short term rentals, they are a somewhat commercial use, a little bit different than what your standard | 00:35:53 | |
commercial use would be with the daily or daytime use. Hotels are allowed in the Ord zone and the Ord zone also has short term | 00:36:01 | |
rental allowed in it. | 00:36:08 | |
Staff recommendation on this one is. | 00:36:16 | |
Umm to have City Council or to postpone the discussion around a short term rental to the general plan. So you can forward a | 00:36:19 | |
negative recommendation to City Council on this application with a recommendation to look at short term rental use in more zones | 00:36:27 | |
and specifically the PO zone at the time when the general plan is discussed in the next year. | 00:36:36 | |
And I think that was all. | 00:36:47 | |
Of the questions that the Commission had from last time as to why it was continued, the applicant, it doesn't look like it's here | 00:36:50 | |
today, but his narrative is in the application of what he kind of envisions with the use of of the property. Is there any | 00:36:56 | |
questions for staff? | 00:37:02 | |
I guess we've hammered you enough tonight. Great. | 00:37:11 | |
All right. And this was a continued public hearing or public meeting. Excuse me and I. | 00:37:14 | |
With the no members of the public here, I think we're OK to go ahead and close that and we will move to Planning Commission | 00:37:22 | |
discussion on this. I know there was quite a bit of discussion in the work meeting and I think we're just kind of landing now on. | 00:37:29 | |
Take a pulse from everybody on kind of how they're feeling as far as the recommendation goes for City Council on this. I'll start | 00:37:38 | |
down here. Commissioner Cunningham, are you feeling a more positive or negative recommendation? | 00:37:46 | |
There's nothing urgent that needs to be resolved here, Mr. Vilcinski. | 00:37:54 | |
I agree with with Paul. I also feel like this needs to be a general plan. | 00:38:01 | |
Conversation. | 00:38:07 | |
Commissioner Fun Zane, Commissioner, Friends, same. That's the bulk majority, but Commissioner Gong or Commissioner Barrett, do | 00:38:09 | |
you have any conflicting thoughts with that? I just think we should move this forward so. | 00:38:15 | |
It's not going to make any difference going to the general plan discussion. | 00:38:22 | |
OK. | 00:38:28 | |
All right. | 00:38:31 | |
But we've got Commissioner Gong. Any other? | 00:38:33 | |
I just am trying to dance in my head. | 00:38:37 | |
RM versus PO feels like those are so similar property. I mean rezoned a lot of them. So that feels like that's not. | 00:38:40 | |
So I'm not sure. | 00:39:09 | |
Sort of a defense or I could see that. | 00:39:12 | |
This would be bigger discussion, but the actual impact right now there are any properties that can currently do this with a | 00:39:15 | |
potential 39 that could move over. | 00:39:19 | |
OK. A definite maybe consideration on that one. Got it. All right. | 00:39:28 | |
And chair feels like this, I'm kind of in your boat, like I can see some upside to it. But at the same time, I feel like a more | 00:39:36 | |
thorough vetting of it would make more sense rather than starting it and approving it now or making the recommendation to approve | 00:39:43 | |
it now. So with that being said, is there anyone that wants to make the recommendation at this time? Chair, just one, one final | 00:39:50 | |
comment is at least for me. So regardless of what what happens tonight, it will go to. | 00:39:57 | |
Council and then they'll make a decision, up or down vote on that. So just a recommendation. | 00:40:04 | |
I sorry, I didn't. I misspoke with approval. No, I just, I just reminding you because I was sitting there like, Oh yeah, let's go | 00:40:10 | |
to the City Council. | 00:40:14 | |
I'll be happy to make a motion. Wonderful. Commissioner Cunningham, go ahead. Mr. Cunningham. Motions to forward a negative | 00:40:20 | |
recommendation to the City Council to deny an application by Michael Alt to amend Title 13, Chapter 13.100, Appendix A of the City | 00:40:28 | |
of Holiday Land Use Code to add short term rentals as a conditional use in the allowed uses table based on the following findings. | 00:40:37 | |
One, public engagement opportunities associated with the 2025 General Plan update regarding specific land uses, including but not | 00:40:46 | |
limited to office, commercial, residential and short term rentals would allow greater input and direction as to what the larger | 00:40:52 | |
community envisions for various areas and uses within the holiday. | 00:40:59 | |
Two, the goals and policies of the General Plan are unclear as to where short term rentals and mixed-use zones would be | 00:41:06 | |
appropriate, and three, of the existing zoning code for the Professional Office Zone as established in 2018 did not carry short | 00:41:13 | |
term rental use over from the RM zone to the PO zone. | 00:41:20 | |
All right, we have a motion. Do we have a second? This is Commissioner Prince. I'll second. All right, and we'll start down here. | 00:41:29 | |
Commissioner Baron, Commissioner Gong. | 00:41:33 | |
Commission Prince aye, Commissioner Blunt, Commissioner and Commissioner Cunningham aye, and Chair Roach votes aye. So that is do | 00:41:39 | |
my math here, 6:00 to 1:00. | 00:41:45 | |
To make a negative recommendation. | 00:41:52 | |
And then the next item that we have on the agenda is the minutes. And as we discussed in the work meeting, there were no | 00:41:54 | |
recommendations, clarifications or adjustments needed on those. So we can do the all in favor say aye to approve the minutes for | 00:42:02 | |
both of those. Aye, aye. All right. And that's unanimous on both of those. And with that, I think that takes us to the close of | 00:42:09 | |
the meeting. Thank you very much everyone. And all in favor to adjourn say aye. | 00:42:16 | |
Aye, done and done. Have a good night. | 00:42:23 | |
So our next meeting is September 3rd. | 00:42:25 | |
OK. | 00:42:29 |
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Good afternoon. Welcome to the Holiday City Planning Commission work meeting. I believe we have all commissioners in attendance | 00:00:00 | |
and both members of city staff and legal counsel representing. So it's a full house and a party. We have just the one legislative | 00:00:07 | |
item today, and this is a continued item from the last meeting when I was not here. So I'm going to lean heavily on everybody else | 00:00:15 | |
that was to tell me what I missed and we'll just turn it right. | 00:00:22 | |
City staff to launch us in so we can have the Q&A and fun stuff out of the way. | 00:00:30 | |
OK, so on this one I highlighted the items that were added into the staff report. | 00:00:36 | |
Essentially, how many properties this change would affect? So there's eight properties that are currently zoned as PO. They're all | 00:00:43 | |
on 80 foot wide right of ways. 39 properties are zoned as RM. These properties already have the short term rental right associated | 00:00:51 | |
with being in the RM zone. So those could potentially rezone to PO because they're all being used as. | 00:00:59 | |
Office space so. | 00:01:08 | |
By allowing short term rentals conditionally in the PO zone, you're just moving that right from the room zone to the PO zone. So | 00:01:11 | |
that's the difference. I kept my recommendation the same, but there is some flexibility here. Commissioner Baron did talk about | 00:01:18 | |
last time. | 00:01:24 | |
Doing a positive recommendation to City Council and leaving it up to them as if they want to do it in the general plan or if they | 00:01:33 | |
wanted to make that change currently. So I'm kind of open to any discussion or questions on that. | 00:01:40 | |
I think the issue was that. | 00:01:56 | |
You know, this affects more than one property in one zone and that and I, my feeling remains that this is a great concept and | 00:01:58 | |
they're worthy of discussion when we do the general plan. But to spot zone, you know, to pick off PO and not deal with all the | 00:02:06 | |
others and not figure out what the overall rationale is. I'm I'm just nervous about doing that. And this was a case where the | 00:02:13 | |
applicant. | 00:02:20 | |
Made his own change to the zone and then didn't get what he wanted when he decided he wanted to do. I remember the request was to | 00:02:28 | |
have to to residential units and then it changed after he made the request and was granted that and that and so I I'm still of the | 00:02:37 | |
opinion that without the context of the whole general plan and how. | 00:02:45 | |
These units ought to be allowed across all of the zones in the city. | 00:02:54 | |
So I'm still in favor of not dealing with this. | 00:03:00 | |
Just to clarify, this is. | 00:03:07 | |
This is a text amendment. This is a text amendment for all the zoning. This is not a conditional use just for him, right, Right. | 00:03:11 | |
It's a conditional use for short term rentals being permitted or sorry, conditionally permitted in the PO zone. So right now it | 00:03:18 | |
does not, it's not a permitted conditional use. | 00:03:25 | |
In the PO zone, it is a conditional use in the RM zone, which many of these properties that are RM would convert to PO at some | 00:03:33 | |
point. But in the RM, if it's, is it a conditional use that would have to come before Planning Commission if this same text | 00:03:40 | |
amendment goes through with all future still in the PO go through that same process? | 00:03:47 | |
So really it's, it's not like we're green lighting short term rentals across the board to just nobody has any say or input on | 00:03:55 | |
them. They still have to go through the process. We're just extending it from the RM zone that it already has over to the PO zone | 00:04:01 | |
then, right, right. | 00:04:06 | |
OK, Chair, I would caution you on a conditional use is. | 00:04:13 | |
Not as conditional as you think, as you might think. So that's why I call it a permitted. You set up, you know certain regulations | 00:04:19 | |
that you have to jump through these hoops or meet these certain conditions. If they meet those conditions it has to be approved | 00:04:25 | |
kind of thing. That's so conditional uses used to be. | 00:04:31 | |
Very subjective and the courts over the years have. | 00:04:39 | |
Made them objective. | 00:04:43 | |
So if you have it a conditional use, you can set reasonable conditions, but if they meet those reasonable conditions, they get it. | 00:04:45 | |
But it still would fall in line with basically matching the room which already has those set conditions in place, right? Other | 00:04:52 | |
than this allows a PO, I should say differs with the RM as it allows certain office space to be used as where the RM doesn't, | 00:05:01 | |
right? So the PO zone kind of expanded office uses to include medical. | 00:05:09 | |
Educational uses? What else was in the PO zone that was added in? | 00:05:19 | |
Mostly medical, you know. | 00:05:24 | |
So it's just allowing the office space that already exists to be used for a wider range of professional services. | 00:05:26 | |
And then the PO zone has the residential use as a conditional use. So the applicant originally applied for changing to the PO zone | 00:05:34 | |
and then doing the so that he could expand his office uses in that zone and then. | 00:05:43 | |
Wanted to do the residential units above, so then the process within. Now being in the PO zone he needed to do the conditional use | 00:05:53 | |
for those residential spaces. | 00:05:57 | |
Two questions. So this really isn't a general plan item, is it? I mean, this is not what the general plan is meant to do to solve | 00:06:04 | |
specific zoning. | 00:06:09 | |
That's my first question and maybe that's too arbitrary of a question to answer. So the second one is this will be a conditional | 00:06:17 | |
use permit if we do approve it. So what are the criteria or the? | 00:06:23 | |
Measures by which they have to meet to get this approved. Have we thought about whether parking? I think that's probably one of | 00:06:31 | |
the ones you talked about last time. | 00:06:36 | |
Umm is there? | 00:06:41 | |
And so it will stay the same then as far as the use. | 00:06:47 | |
Zone, PO zone be added to these criteria. So originally this criteria only looked at room and R2. So now we're going to say RMR 2 | 00:06:51 | |
and PO has to meet these criteria. So the Planning Commission has to approve it if they can show you that they meet all of these | 00:07:00 | |
elements. So in your experience, does this, has this been enough to do these and are you satisfied with the results? | 00:07:08 | |
From my point of view, yes. So considering this in the PO areas, to me they're all on major streets or on major arterials, which. | 00:07:18 | |
You probably wouldn't even know that somebody was staying there. | 00:07:27 | |
So I'm always looking at the impact of the neighborhood and in these cases I don't see that there is measurable or that was the | 00:07:31 | |
intent is to keep those uses on those major streets. | 00:07:36 | |
You had to be in an room zone, you had to be in R2, but you also had to be on a major Rd. | 00:07:43 | |
And these all are so that meets that criteria. | 00:07:50 | |
I mean, I see that the Office uses are starting to kind of morph into. | 00:07:53 | |
More flexible type of, I mean whatever we want to call it these they flex uses or. | 00:07:59 | |
And I'm more, I'm leaning in that as far as allowing more of that. | 00:08:05 | |
As long as it doesn't have an impact that we can really measure. | 00:08:12 | |
And maybe I'm by myself on this, but I am trying to make or I'm trying to help. | 00:08:17 | |
In these considerations that. | 00:08:23 | |
Obviously, we're not considering everything like Paul was saying that, you know, there will always be something that's an outlier | 00:08:26 | |
that will go well. We probably should have thought about that when we approved this, but. | 00:08:32 | |
I'm more of the thing that we're leaning towards allowing these to be used whereas, you know, in the past or since COVID offices | 00:08:40 | |
have been vacant to a large extent and. | 00:08:45 | |
I'll be quiet now. | 00:08:53 | |
I was discussing with the Commissioner Roche how it can be costly to convert some commercial spaces into residential spaces, so | 00:08:56 | |
being able to have a short term rental type of use might offset some of that economic cost that would would enable some | 00:09:04 | |
residential use. A lot of times too, with your short term rentals, people end up staying there for longer. | 00:09:12 | |
Where it's above an office space, you may have somebody who wants to. | 00:09:21 | |
Live above and use an office space below or kind of rent for a couple of weeks with an office and have some residential space. So | 00:09:24 | |
there are some benefits there. | 00:09:29 | |
But but the same concerns that Commissioner Cunningham has of, you know, what are the impacts of this? Is this kind of what is | 00:09:36 | |
intended in a larger picture? | 00:09:41 | |
Scope I think is worth considering to. | 00:09:47 | |
One guardrail that just kind of like playing the what if scenario and don't hate me and think I'm a terrible person because my | 00:09:49 | |
mind goes dark sometimes. But looking into the the crystal ball of like what could happen. Is there any kind of safeguard for a | 00:09:57 | |
conflict of interest with a short term rental in the same structure as a business. For example, if you have a kindergarten or. | 00:10:05 | |
A children's clinic, and then you have someone who's on a registered offender list. | 00:10:15 | |
Not allowed to be within such and such distance of children. Is that going to be a conflict, conflict if he's or they are | 00:10:21 | |
potentially looking at renting or is that something that is mitigated some other way? I would think that that is mitigated by if | 00:10:29 | |
you're, if you're on a registry list, there's going to be locations that you can't rent or you can't live. So if a, if a | 00:10:36 | |
educational purpose is already established in a building, then somebody who's on a registry can't rent in a vicinity of that. | 00:10:43 | |
Is there a way that that would be known to that? Like I'm again, just trying to think of the scenarios here. Is there a way that | 00:10:51 | |
that person would know that if it's just listed as a short term, I believe that those kinds of things are. | 00:10:58 | |
I don't know on short term rentals because it's the same person in this specific case could go and rent A room at the hotel next | 00:11:05 | |
door. Is that going to be any different than? | 00:11:10 | |
A short term rental in the same building? I mean I just hotel, different structure. Children's Hospital. Literally down the stairs | 00:11:17 | |
from where I'm staying in my room. | 00:11:22 | |
Right. Like that's just again. | 00:11:27 | |
What if scenarios, right? Just that's one that pops into mind. But I mean outside that's a really good. | 00:11:31 | |
Conversation to have. Because they're conditional, you'll be considering them. A Planning Commission will be considering them | 00:11:37 | |
separately. | 00:11:41 | |
You'd have the time to take a look at what building that it's going to be proposed in, and what other uses are already there. | 00:11:46 | |
The problem you have is a chicken before the egg type situation. You know what's already there before you put the short term | 00:11:52 | |
rental, but what happens after that? | 00:11:56 | |
One question, sorry, go ahead. My, my question is sort of lingering from last time, which is how does this interact with holidays | 00:12:04 | |
desire to increase moderate income housing. So short term rentals can often be in conflict with that in some places. I don't know | 00:12:10 | |
what our balance is in terms of are they, if we didn't approve this, would they do a long term moderate income rental because | 00:12:16 | |
they're small and they're on a big Rd. | 00:12:22 | |
And it would be affordable for someone who could otherwise not rent here. | 00:12:29 | |
From my point of view, it's a dread conflict. Short term rentals are already the lowest hanging fruit for a landline. | 00:12:33 | |
To lease out quickly. | 00:12:40 | |
And very expensively rather than the long term lease every single time. So the question that I had that there's nothing that | 00:12:42 | |
permits this. | 00:12:46 | |
Landowner from renting long term to somebody. | 00:12:52 | |
So they could use it, They're just trying to do the short term to make a little bit more money. | 00:12:56 | |
Off of the unit. | 00:13:02 | |
So really, I mean, they could go ahead and rent out to somebody because I looked at kind of the timeline of the general plan and | 00:13:03 | |
making them wait, you know, while the general plan is talking. | 00:13:09 | |
About reviewed and put together again. | 00:13:14 | |
But the factor means that they still can rent that out and still have an income coming in. | 00:13:18 | |
While they wait and while we address this in there. | 00:13:25 | |
Because to me, that's a big argument in favor of saying let's not do that because Holiday is trying to in a bunch of other ways, | 00:13:30 | |
trying to increase moderate income. Let's let's not make it so that. | 00:13:36 | |
That these owners can switch from what would reasonably be longer term rentals to short term rental. I don't think that makes | 00:13:43 | |
sense. And in fact, I think maybe in the general plan name, general planning in the future, I don't know if we would consider | 00:13:51 | |
making it so you couldn't rent short-term in RM, you know, moving it back instead of pushing it forward. Because if we want, if we | 00:13:58 | |
want people to be able to live in a holiday for reasonable price, then I think we make it harder to do. | 00:14:06 | |
Rentals not easier. | 00:14:13 | |
It's a double edged sword because you do also want to provide locations for these uses to play out. | 00:14:15 | |
So they're not the neighborhoods to be detached single family neighborhoods. | 00:14:21 | |
To have them. | 00:14:25 | |
If that makes sense. So I think what I think Carrie has put in her staff report to maybe consider a percentage of the units that | 00:14:27 | |
you have in the building is maxed or capped. | 00:14:33 | |
For the number of uses that can be open to short term opportunities. The rest obviously would have to be a long term rate. | 00:14:39 | |
Who benefits from that other than the property owner? | 00:14:48 | |
It can be beneficial in other ways. So when we had our last rezone application and where they're specifically looking at workforce | 00:14:53 | |
housing, a way to offset that workforce housing is with market rate housing. If you can then do short term rental, which is a | 00:14:59 | |
higher market rate than what your standard market rate housing would be, then you can have more units that can go to workforce | 00:15:06 | |
housing or moderate income housing. | 00:15:13 | |
Compared to your, it's just a balance of ratios, right? | 00:15:21 | |
So if you have a higher market rate here, you may only need 2 short term rental units. | 00:15:24 | |
And then have more workforce units, judging by how many units you can fit within a building within a project, you can, you can | 00:15:30 | |
change your ratios if you have a higher market rate. So that's a that's a potential benefit. | 00:15:37 | |
That only work if they have multiple excuse me, I mean maybe more than 3 units right? Because it would either be 3050% if you have | 00:15:44 | |
two. | 00:15:48 | |
Or 33%, I mean. | 00:15:53 | |
So it seems like if you're a big entity, doing a percentage could work. If you're small, that might. | 00:15:55 | |
Just not help. That's interesting. | 00:16:01 | |
Did we have, I know there was a discussion I had with Carrie earlier about tax. Did we figure out how that? | 00:16:06 | |
Compared as far as losing the commercial tax and gaining the short term rental tax, was that pretty much apples to apples or was | 00:16:15 | |
there a net loss or gain in doing one versus the other? This is from the most recent budget. So goes through funding sources with | 00:16:23 | |
taxes, property taxes general 16%. | 00:16:32 | |
And sales tax, you're going to have various things that in the PO zone, there's not any sales tax because it's not retail. So | 00:16:40 | |
you'll just be property tax. And then at the bottom there you can see the transient room tax, which is 35.7%. | 00:16:48 | |
So there's there is a higher tax rate from having that transient room service that benefits the city. | 00:16:58 | |
So there would be more income as long as the units were occupied. | 00:17:04 | |
At all basically. | 00:17:09 | |
OK. | 00:17:11 | |
So then when you're renting for a higher rate, the city is getting a larger portion of that as well. | 00:17:14 | |
And that's a common issue with people who are doing short term rentals in neighborhoods. They don't have that since it's not a | 00:17:20 | |
permitted use by cities. | 00:17:24 | |
They're operating those illegally and then the city is also not getting that tax benefit from that transient rate. | 00:17:30 | |
So this the applicant doing this in Broadview daylight is a financial benefit if it was to get the positive recommendation and | 00:17:42 | |
move forward. | 00:17:47 | |
Because we all know how budgets work. | 00:17:57 | |
We would lose probably 1 moderate income housing rental unit. | 00:18:05 | |
I wish I could be excited about doing something. | 00:18:10 | |
But this guy is. | 00:18:13 | |
I mean, he changed his own and he didn't like what he got and now he wants to change what he got and I. | 00:18:16 | |
I'm just not feeling inclined to do anything. | 00:18:23 | |
To help, because that's just. | 00:18:28 | |
Feels like a waste of our time. | 00:18:33 | |
Aaron was. I'm not supposed to say that out loud. | 00:18:36 | |
But I'm not sure he knew what. | 00:18:39 | |
What he was asking for. | 00:18:42 | |
Well, is that our fault? Well. | 00:18:44 | |
There, there was number. The other thing was is there was no way he was going to get both of the things he wanted out of that | 00:18:47 | |
though, right? He couldn't get short term rentals and the office space and the living unit under any zone that we currently have. | 00:18:53 | |
So I remember because I asked, I asked specifically on this like this guy wanted C1 instead of C2, even though C2 was all around | 00:18:59 | |
him. And I felt like that lined with general plan. Why are we doing it differently? But this still wouldn't have been allowed if | 00:19:05 | |
he had. | 00:19:11 | |
That C2 instead of C1 zone and he'd still be coming back before us saying, hey, I want to put a BMB up here. I'm afraid he's going | 00:19:17 | |
to show up and ask we accommodate him. He's going to come back and come ask for something else. But in the meantime, I will say, | 00:19:23 | |
John, I'm going to die of heat stroke. Could we turn on the air conditioner? It is a little warm, which may have something to do | 00:19:30 | |
with the fact that I just preserving tax dollars, right? | 00:19:36 | |
So if the AC is on by the time he gets here, you might turn the AC on or it's going down. | 00:19:42 | |
You know The thing is. | 00:19:47 | |
What's the big deal? Why doesn't he just rent out the other unit? | 00:19:51 | |
Why does it have to be short term? | 00:19:54 | |
Well, I think from what I read in there. | 00:19:58 | |
Like application where is that the short term because it is smaller unit. | 00:20:01 | |
It would be easier to rent it out on that basis than like a long time is what he put in the application, which makes some sense. | 00:20:07 | |
You don't fit to a small place, you know? | 00:20:13 | |
Rent it out to skiers that come. I think that this is something that's going to come up more with the Olympics coming too. There's | 00:20:20 | |
going to be a lot of people. | 00:20:24 | |
That are all the sudden going to hop on the short term rental wagon. They just won't come to Planning Commission first, right? | 00:20:28 | |
Yeah, they'll just do it on their own. | 00:20:33 | |
Period. | 00:20:42 | |
You know, as been brought up as offices are closing and uses are changing. It's something that you know the the staff is | 00:20:43 | |
recommended and and Paul, you know, brought up. | 00:20:49 | |
That going about this through the general plan is probably the way to go, not just making a concession because somebody wants to | 00:20:56 | |
rent out as a retirement. I mean, this is. | 00:21:03 | |
Their retirement property. | 00:21:10 | |
We probably should. | 00:21:13 | |
Have it go through the right channels well. | 00:21:15 | |
I mean, and I'll be honest, for me like this one property this particular. | 00:21:20 | |
Applicants address. Why not? He's got a hotel across the way. Like he's literally around the corner. It's right off the freeway. | 00:21:26 | |
This is not some cute moderate income family's gonna move in there with their two kids and need a playground in the backyard. | 00:21:33 | |
Like, you know, when we talk about what's ideal like AB and B, makes perfect sense right there. My concern is more along the lines | 00:21:41 | |
of does it make sense as a text code amendment to allow all of those in the PO zone to start doing it? | 00:21:48 | |
That process or is that part of it makes sense more in the general plan. And if this guy wants to do it through just a regular | 00:21:56 | |
conditional use just for his property exclusively, I'm not saying that's something I'd be opposed to, right? | 00:22:03 | |
So, but I don't know how much extra work that creates for the applicant or for Kerry. Is that something that we can even do? Like | 00:22:11 | |
could he do just a conditional use for just his location to do it as opposed to the text amendment? No, because it's since it's | 00:22:19 | |
not in the table of allowed uses, it's not allowed at all, not even an option. So it's a non starter for it. | 00:22:26 | |
Maybe he could rent out his pool at the same time. How did that turn out, by the way? | 00:22:37 | |
What I do tell? | 00:22:44 | |
People when they want to do something short term, because we have people who come in and ask about short term rentals all the | 00:22:45 | |
time. And I say you can do a furnished rental, you just have to rent it for 30 days or longer. And a lot of people can find an in | 00:22:51 | |
between with doing that of doing a 30 day rental furnished and it it works for them. | 00:22:57 | |
So I don't, I don't think that. | 00:23:04 | |
Not doing not doing a positive recommendation or doing a negative recommendation. It's there's other ways that he can still use | 00:23:07 | |
the property and be OK and largely for all of PO properties and RM properties as well, but. | 00:23:15 | |
That's why I asked the question. There's nothing that's stopping him from renting out property, just can't rent it out in the way | 00:23:23 | |
that he specifically wants to right now, right. And that might be a larger discussion about short term rentals and moving forward | 00:23:30 | |
from the general plan into code modification. So having that input from the community in general as to how do we want to manage | 00:23:37 | |
short term rentals. And Jonathan was the last discussion on that like 2012. | 00:23:44 | |
So being able to have that conversation again now that it's a little bit more prevalent and. | 00:23:55 | |
Seeing the tax benefits that it can provide, how do you want to manage that in the city or not at all? | 00:24:02 | |
So he could rent it out 30 days at a time? Yeah. | 00:24:08 | |
So. | 00:24:12 | |
We had before us not long ago the office building on Highland, and I want to say 43rd South, something like that, where it had | 00:24:13 | |
like, I don't know, 90 rooms inside this giant office building and they wanted to build another one or something like that. Am I | 00:24:20 | |
losing my mind? That was recent, right? That something like that was on the agenda if we were to, because that's APO now, I | 00:24:26 | |
believe. Didn't that get rezoned APO for that one? | 00:24:33 | |
What one was from the old carriage meeting house. Is that a condo plat? We were approving a change where they added an office | 00:24:40 | |
condo upstairs or something. Split one or? | 00:24:46 | |
Split the levels into ownership. | 00:24:53 | |
Right. So I mean, is that something where we're opening the door for a large structure like that to now have 25 short term rentals | 00:24:56 | |
running and operating out of it like a hotel, but instead it's done Airbnb so they don't have to have the Marriott name on the | 00:25:02 | |
side of it and all the regulations that go with that? | 00:25:08 | |
Right. And that's the. Yeah. | 00:25:15 | |
Because we don't have one, we don't have residential. | 00:25:19 | |
Caps necessarily in the PO zone, we just have residential uses as a conditional use. So residential uses would have to come to the | 00:25:23 | |
Planning Commission to be approved first of all and then it would have to come to the Planning Commission for short term rentals. | 00:25:31 | |
And that's where that recommendation if there is a positive recommendation that you would want to likely put a cap or percentage | 00:25:38 | |
on how many units could be short term and that's that's where I think that's. | 00:25:46 | |
Part of that larger conversation about how you, how the community in general wants to see short term rentals. | 00:25:53 | |
In the in the community. | 00:26:03 | |
I hate to say that some types of projects are unfeasible, especially around here. I've seen some dramatic things happen. | 00:26:05 | |
We found that converting office space to residential is extremely expensive. | 00:26:13 | |
As you're going from commercial building code to residential building code and taking interior workings and having to put | 00:26:18 | |
bathrooms and I. | 00:26:23 | |
And sinks, kitchens, all of that sort of facilities that you have to have for to meet residential building code into an existing | 00:26:29 | |
commercial space. | 00:26:33 | |
And I think that's an issue this applicant is even having with his application is trying to convert those upstairs spaces from an | 00:26:40 | |
existing commercial space and trying to meet the code differences where it's he's, I think he's been in the process on that for a | 00:26:45 | |
few months, so. | 00:26:50 | |
So they're not occupied currently. | 00:27:00 | |
I think it's occupied still as office space, but. | 00:27:03 | |
Not as a residential use, it's not right. So he had to wait for the conditional use to even permit the residential use and then | 00:27:07 | |
can apply for a building permit. And now he's working through that building permit process. | 00:27:14 | |
So delaying this is not as urgent. | 00:27:23 | |
As well. | 00:27:26 | |
Well, OK. | 00:27:31 | |
I think we'll, we'll, we'll see if the applicant has anything additional to offer. We'll have I'm sure some discussion and then. | 00:27:33 | |
Land on a motion, I suppose that best fits for the scenario here. The only other item we had on there was the the minutes for the | 00:27:42 | |
the meeting. I don't know if we're out of order if we just talk about those so we can just approve them at that time. Is that OK? | 00:27:47 | |
Green light? Anyone have anything on the I got a thumbs up. Does anybody have anything on the minutes they saw needed correction | 00:27:53 | |
or question? | 00:27:58 | |
Everybody's good on that. All right, well, that'll be a real quick motion then. | 00:28:07 | |
So. | 00:28:11 | |
At this point, unless there's anything else to discuss on this item, I don't know if the applicant is going to be here or not, but | 00:28:13 | |
we can take a, we'll close the work meeting and take a a one minute pause here while we wait and see what's going to happen and | 00:28:18 | |
then we'll roll right in. | 00:28:22 | |
Did you put your? | 00:28:49 | |
Did she? Did the poor lady withdraw? | 00:29:14 | |
I was just giving Dennis the 32nd version of it. | 00:29:24 | |
Because, you know, I was looking at the ocean. | 00:29:29 | |
Do you want to mention that? | 00:29:35 | |
What's that? I want to run up the ocean. I'll rent out the condo I stayed in again, that's for sure. | 00:29:37 | |
Where were you, Lincoln City? | 00:29:43 | |
So we're just in Oregon? | 00:29:46 | |
Kind of straight out from Medford. | 00:29:50 | |
It was a condo. | 00:29:56 | |
I'm gonna guess it was, but I don't care. Like they charged a lot of taxes. | 00:29:58 | |
As they come in, so we can set parameters. | 00:30:05 | |
About the individual criteria, I think, I think we drove all the way out of proportion. | 00:30:10 | |
It doesn't make that much difference. The city doesn't. | 00:30:21 | |
Probably more illegal. | 00:30:26 | |
Than legal as. | 00:30:29 | |
I mean because Airbnb. | 00:30:32 | |
Those have been. | 00:30:36 | |
Though it didn't rain once the firestorm and short term rentals and I think the city is trying to get ahead of light enough to | 00:30:38 | |
monitor 59 high of like 60. | 00:30:44 | |
The next couple years. | 00:30:52 | |
This isn't This isn't going to make that big of a difference. | 00:30:55 | |
I mean, we can send it to council and deny it or approve it. | 00:31:00 | |
This is one of those items. | 00:31:05 | |
Period. | 00:31:09 | |
I would never bring a text amendment based on somebody wanting to modify their own specific property. | 00:31:12 | |
I would always say the city will do a text amendment. | 00:31:25 | |
Based on this, and the city does the research on the impact. | 00:31:29 | |
Given to the Commission so they understand what they're measuring. | 00:31:35 | |
Because I think we're blaming this guy for this. | 00:31:40 | |
I just think that's kind of. | 00:31:45 | |
Is based on his property. This makes perfect sense. Like Dennis, and it's just that. | 00:31:49 | |
I guess I'm just up in the night. | 00:31:57 | |
I was looking at, I just look at what's happened in the past and what's going to happen in the future. This is not a big deal. | 00:32:03 | |
It's going to send us somewhere with no bugs and no heat, you know? | 00:32:13 | |
That's why I'm sitting over here. | 00:32:17 | |
I'm the left, I'm on the left. | 00:32:21 | |
This is the liberal part of the Commission, I guess. | 00:32:26 | |
I wouldn't miss it long, but I didn't have to come back once. | 00:32:31 | |
All right, we should we jump right in and get going here. It doesn't. | 00:32:40 | |
Look like we got. | 00:32:45 | |
All right, good evening. Welcome to the Holiday Planning Commission. | 00:32:56 | |
Meeting August 20th, 2024. We have all commissioners, City staff and council with us this evening. We have two items on the | 00:33:00 | |
agenda. We have a continued item. | 00:33:06 | |
And then the approval of meeting minutes for two meetings. And with that, I don't see any members of the public here for reading | 00:33:13 | |
the opening statement, so we'll just jump right in. And if city staff wants to give us the. | 00:33:21 | |
Summary. | 00:33:30 | |
We'll see if this is done. Yep, all right. Figured I'd be official and come up to. | 00:33:40 | |
Stand here. So the first item on our agenda is and I guess the only item beyond minutes is the proposed ordinance amendment to | 00:33:45 | |
conditionally allowing short term rentals in the PO zone. This is a continued item from our last meeting in July. | 00:33:56 | |
There were some questions about how many properties that this would affect. | 00:34:09 | |
So expanding this to the PO zone would. | 00:34:14 | |
Affect 8 properties. We have 8 properties that are currently zoned as PO. All of these are serving as office spaces, so commercial | 00:34:18 | |
in nature but without a retail component. There are medical, dental. | 00:34:26 | |
Losses a variety of just Office uses. | 00:34:35 | |
The RM zone is a zone that was under Salt Lake County had both uses of professional offices and. | 00:34:38 | |
Multi family uses all in one zone so that there are a lot of professional offices that are still zoned as RM that have the | 00:34:49 | |
potential to be zoned as PO. So those are detailed in the staff report. There's 39 properties that are used as office spaces. | 00:34:56 | |
Those could be resolved PO and then would have that same expansion of the short term rental right extended to them. So they | 00:35:03 | |
already have that right under the RM zone. | 00:35:11 | |
It would be expanded into PO if that received a favorable recommendation. | 00:35:18 | |
So that's the breakdown of the different properties, how many that would affect. All of these properties are on 80 foot wide right | 00:35:24 | |
of ways predominantly Highland, Dr. Murray Holiday Rd. a few on 39th and a few on 45th and Holiday Blvd. So those are all detailed | 00:35:31 | |
on there there's. | 00:35:38 | |
Some support in the general plan for each of those between the Highland Dr. Master plan that supports more commercial uses. When | 00:35:46 | |
you're looking at short term rentals, they are a somewhat commercial use, a little bit different than what your standard | 00:35:53 | |
commercial use would be with the daily or daytime use. Hotels are allowed in the Ord zone and the Ord zone also has short term | 00:36:01 | |
rental allowed in it. | 00:36:08 | |
Staff recommendation on this one is. | 00:36:16 | |
Umm to have City Council or to postpone the discussion around a short term rental to the general plan. So you can forward a | 00:36:19 | |
negative recommendation to City Council on this application with a recommendation to look at short term rental use in more zones | 00:36:27 | |
and specifically the PO zone at the time when the general plan is discussed in the next year. | 00:36:36 | |
And I think that was all. | 00:36:47 | |
Of the questions that the Commission had from last time as to why it was continued, the applicant, it doesn't look like it's here | 00:36:50 | |
today, but his narrative is in the application of what he kind of envisions with the use of of the property. Is there any | 00:36:56 | |
questions for staff? | 00:37:02 | |
I guess we've hammered you enough tonight. Great. | 00:37:11 | |
All right. And this was a continued public hearing or public meeting. Excuse me and I. | 00:37:14 | |
With the no members of the public here, I think we're OK to go ahead and close that and we will move to Planning Commission | 00:37:22 | |
discussion on this. I know there was quite a bit of discussion in the work meeting and I think we're just kind of landing now on. | 00:37:29 | |
Take a pulse from everybody on kind of how they're feeling as far as the recommendation goes for City Council on this. I'll start | 00:37:38 | |
down here. Commissioner Cunningham, are you feeling a more positive or negative recommendation? | 00:37:46 | |
There's nothing urgent that needs to be resolved here, Mr. Vilcinski. | 00:37:54 | |
I agree with with Paul. I also feel like this needs to be a general plan. | 00:38:01 | |
Conversation. | 00:38:07 | |
Commissioner Fun Zane, Commissioner, Friends, same. That's the bulk majority, but Commissioner Gong or Commissioner Barrett, do | 00:38:09 | |
you have any conflicting thoughts with that? I just think we should move this forward so. | 00:38:15 | |
It's not going to make any difference going to the general plan discussion. | 00:38:22 | |
OK. | 00:38:28 | |
All right. | 00:38:31 | |
But we've got Commissioner Gong. Any other? | 00:38:33 | |
I just am trying to dance in my head. | 00:38:37 | |
RM versus PO feels like those are so similar property. I mean rezoned a lot of them. So that feels like that's not. | 00:38:40 | |
So I'm not sure. | 00:39:09 | |
Sort of a defense or I could see that. | 00:39:12 | |
This would be bigger discussion, but the actual impact right now there are any properties that can currently do this with a | 00:39:15 | |
potential 39 that could move over. | 00:39:19 | |
OK. A definite maybe consideration on that one. Got it. All right. | 00:39:28 | |
And chair feels like this, I'm kind of in your boat, like I can see some upside to it. But at the same time, I feel like a more | 00:39:36 | |
thorough vetting of it would make more sense rather than starting it and approving it now or making the recommendation to approve | 00:39:43 | |
it now. So with that being said, is there anyone that wants to make the recommendation at this time? Chair, just one, one final | 00:39:50 | |
comment is at least for me. So regardless of what what happens tonight, it will go to. | 00:39:57 | |
Council and then they'll make a decision, up or down vote on that. So just a recommendation. | 00:40:04 | |
I sorry, I didn't. I misspoke with approval. No, I just, I just reminding you because I was sitting there like, Oh yeah, let's go | 00:40:10 | |
to the City Council. | 00:40:14 | |
I'll be happy to make a motion. Wonderful. Commissioner Cunningham, go ahead. Mr. Cunningham. Motions to forward a negative | 00:40:20 | |
recommendation to the City Council to deny an application by Michael Alt to amend Title 13, Chapter 13.100, Appendix A of the City | 00:40:28 | |
of Holiday Land Use Code to add short term rentals as a conditional use in the allowed uses table based on the following findings. | 00:40:37 | |
One, public engagement opportunities associated with the 2025 General Plan update regarding specific land uses, including but not | 00:40:46 | |
limited to office, commercial, residential and short term rentals would allow greater input and direction as to what the larger | 00:40:52 | |
community envisions for various areas and uses within the holiday. | 00:40:59 | |
Two, the goals and policies of the General Plan are unclear as to where short term rentals and mixed-use zones would be | 00:41:06 | |
appropriate, and three, of the existing zoning code for the Professional Office Zone as established in 2018 did not carry short | 00:41:13 | |
term rental use over from the RM zone to the PO zone. | 00:41:20 | |
All right, we have a motion. Do we have a second? This is Commissioner Prince. I'll second. All right, and we'll start down here. | 00:41:29 | |
Commissioner Baron, Commissioner Gong. | 00:41:33 | |
Commission Prince aye, Commissioner Blunt, Commissioner and Commissioner Cunningham aye, and Chair Roach votes aye. So that is do | 00:41:39 | |
my math here, 6:00 to 1:00. | 00:41:45 | |
To make a negative recommendation. | 00:41:52 | |
And then the next item that we have on the agenda is the minutes. And as we discussed in the work meeting, there were no | 00:41:54 | |
recommendations, clarifications or adjustments needed on those. So we can do the all in favor say aye to approve the minutes for | 00:42:02 | |
both of those. Aye, aye. All right. And that's unanimous on both of those. And with that, I think that takes us to the close of | 00:42:09 | |
the meeting. Thank you very much everyone. And all in favor to adjourn say aye. | 00:42:16 | |
Aye, done and done. Have a good night. | 00:42:23 | |
So our next meeting is September 3rd. | 00:42:25 | |
OK. | 00:42:29 |