ordinance no. 5047 - mcminnville, oregon...2018/03/13 · (duplexes), and accessory dwelling units...
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Ordinance No. 5047 G 1-18: Vacation Home/Short Term Rentals
Zoning Text Amendments
CITY COUNCIL. 3.13.18
BACKGROUND Planning Commission Work Session Discussions: September 21, 2017 October 19, 2017 – Public Comment Opportunity December 21, 2017 January 18, 2018
Comments received on impacts of VHRs in McMinnville neighborhoods
Research completed: Locations of licensed VHRs in McMinnville; VHR requirements in other cities; Enforcement of VHRs operating without approval
CITY COUNCIL. 3.13.18
BACKGROUND
Planning Commission Public Hearing: February 15, 2018
Testimony received both in favor and against proposed amendments
Planning Commission deliberation and unanimous recommendation to approve proposed amendments
CITY COUNCIL. 3.13.18
PROPOSED AMENDMENTS
Major amendments: Definition as “Short Term
Rentals” Spacing standard for short
term rentals in residential zones
Operational requirements Review and licensing
processes
CITY COUNCIL. 3.13.18
DEFINITIONS Current definitions of
rental and lodging uses include: Vacation Home Rental Bed and Breakfast Hotel Motel Boardinghouse,
lodginghouse, or roominghouse
CITY COUNCIL. 3.13.18
Proposed Definitions: Short Term Rental Short Term Rental,
Resident Occupied Lodging Bed and Breakfast
SHORT TERM RENTAL Short Term Rental – The use of an entire dwelling unit by any
person or group of person entitled to occupy for rent for a period of no more than 21 (twenty-one) consecutive days. Short term rentals include vacation home rentals approved under the regulations in effect through April 12, 2018.
CITY COUNCIL. 3.13.18
Zones Allowed: All Residential (R-1, R-2, R-3,
R-4)
Office-Residential (O-R)
Travel Commercial (C-2)
General Commercial (C-3)
SHORT TERM RENTAL, RESIDENT OCCUPIED
Short Term Rental, Resident Occupied – The use of no more than two guest sleeping rooms by any person or group of persons entitled to occupy for rent for a period of no more than seven (7) consecutive days. The dwelling unit is occupied by a full-time resident at the time that the guest sleeping rooms within the dwelling unit are available for overnight rental. Resident occupied short term rentals include bed and breakfast establishments approved under the regulations in effect through April 12, 2018.
Zones Allowed: All Residential (R-1, R-2, R-3, R-4)
Office-Residential (O-R)
CITY COUNCIL. 3.13.18
LODGING
Lodging – A building, or group of buildings, which is designed, intended, or used for the accommodation of guests on a temporary basis for compensation. Lodging includes hotels and motels.
Zones Allowed: Travel Commercial (C-2)
General Commercial (C-3)
CITY COUNCIL. 3.13.18
BED AND BREAKFAST Bed and Breakfast – A structure designed and occupied as a
residence in which sleeping rooms and a meal are provided on a daily or weekly basis for use by travelers for a charge or fee paid for the rental or use of the facilities*
Zones Allowed: Multiple Family Residential (R-4)**
Office-Residential (O-R)**
Travel Commercial (C-2)
General Commercial (C-3)*No proposed change to existing definition
**Allowed as Conditional Uses
CITY COUNCIL. 3.13.18
Photo Courtesy of A Tuscan Estate –Corner of 8th and Evans
SPACING STANDARD Proposed spacing standard to apply to short term
rentals in residential zones (R-1, R-2, R-3, R-4, O-R)
In response to concerns of: Impacts to character of residential neighborhoods Conversion of large number of single family homes to
commercial-type rental uses Eliminate the potential for large percentage of any
particular neighborhood to convert to short term rental
Would not apply to resident occupied STRs or STRs in commercial zones (C-2, C-3)
CITY COUNCIL. 3.13.18
SPACING STANDARD Proposed spacing standard: “Short term rentals shall not be located within 200 feet
of another short term rental.”
Distance based on general concentration discussed by Planning Commission at previous work sessions
Based on actual built environment in McMinnville -200 feet is the typical length of the smallest blocks in the city These areas are located in close proximity to downtown
to the northwest, south, and northeast
CITY COUNCIL. 3.13.18
SPACING STANDARD
CITY COUNCIL. 3.13.18
SPACING STANDARD
CITY COUNCIL. 3.13.18
OPERATIONAL REQUIREMENTS
Type of dwelling units allowed as VHRs and bed and breakfasts historically unclear: “That the structure be designed for and occupied as a single
family residence. The structure shall retain the characteristics of a single family residence.”
This was interpreted to only allow them in single family dwellings
CITY COUNCIL. 3.13.18
OPERATIONAL REQUIREMENTS Proposed language more clear on ability to operate STRs and
resident occupied STRs, and expands opportunity: That the structure be designed for and occupied as a single-family
residence. Short term rentals shall be allowed in single family dwellings, common-wall single family dwellings, two-family dwellings (duplexes), and accessory dwelling units (ADUs). The structure shall retain the characteristics of a single-family residence.
Does not allow STRs in multiple-family dwellings Planning Commission found that allowing STRs in these types of dwelling
units would have larger impact on housing affordability in the city
Use of and access to common space in multiple-family buildings complicated with STRs
If not subject to spacing standard, buildings could fully convert to STRs creating a hotel type use in residential zones
CITY COUNCIL. 3.13.18
OPERATIONAL REQUIREMENTS
STRs and resident occupied STRs allowed in Accessory Dwelling Units (ADUs)
Existing VHRs allowed to continue as STR uses Grandfathered as nonconforming uses if they do not meet
spacing standard
Allowance for emergency contact for STRs to reside in 97128 zip code, rather than only within city limits
CITY COUNCIL. 3.13.18
LICENSING REQUIREMENTS STRs and resident occupied STRs subject to existing
review and licensing processes in residential zones (R-1, R-2, R-3, R-4) and Office-Residential zone (O-R) Both require land use applications to be reviewed by the Planning
Director Both require property owner notification to owners within 100 feet STRs will require neighborhood meeting prior to land use
application submittal – Consistent with recent amendments to require neighborhood meetings for vacation home rentals
STRs in commercial zones (C-2, C-3) not subject to land use application review or licensing
CITY COUNCIL. 3.13.18
LICENSING REQUIREMENTS
Renewal Requirements: Permits may be renewed for one-year periods upon payment of the
appropriate fee prior to its expiration date, provided that the permit has not been terminated under the provisions of Section 17.12.010(N)(9) below. must be renewed annually. Failure to renew the short term rental permit annually will result in the permit becoming void, and the use of the subject property as a short term rental will again be subject to the application and review procedures in Section 17.72.110.
Creates incentive for license holders to renew
If void, re-application required and subject to spacing standard
Could slowly eliminate nonconforming STRs (in terms of spacing) and eliminate properties no longer being used as STRs
CITY COUNCIL. 3.13.18
OTHER CHANGES
Updating of Off-Street Parking and Loading Chapter (Chapter 17.60) and Applications and Review Process Chapter (Chapter 17.72)
Updates to reflect new definitions
No proposed changes to regulations (e.g. parking requirements, land use application review)
CITY COUNCIL. 3.13.18
STAFF RECOMMENDATION
Staff recommends that the City Council adopt Ordinance 5047, as recommended by the Planning Commission, to update regulations related to STRs
CITY COUNCIL. 3.13.18
QUESTIONS?
CITY COUNCIL. 3.13.18
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