MCCALL AREA

PLANNING AND ZONING COMMISSION Minutes

November 4, 2014 - 5:30 p.m. McCall City Hall- Lower Level

216 East Park Street, McCall, 1083638

COMMISSION MEETING - Begins at 5:30 p.m.

CAll TO ORDER AND ROll CAll Chair Apperson, Commissioner Thompson, Commissioner Tunnell, Commissioner Callan, Commissioner Williamson, Commiss ioner Fereday, and Commissioner Farnsworth were present. City Planner Delta James, Community Development Director Michelle Groenevelt, and Permit Technician Cynthia Peacock were also present.

1. WORK SESSION The tablet training work session was postponed to the December meeting.

2. REVIEW & APPROVAL OF MINUTES Commissioner Williamson made a motion to approve the October 7, 2014 minutes. Commissioners Tunnell and Fereday seconded the motion; the motion passed.

3. PRELIMINARY DEVElOPMENT PLAN REVIEW MEETINGS

4. CONSENT AGENDA ROS-14-13 2272 Payette Drive

Droulard Land Surveying, Inc. representing Hansberger Enterprises llC: A Record of Survey application to do a lot line adjustment between two lots to satisfy setback requirements for a lake front cabin . The property is zoned R4 - Low Density Residential, is within the Shoreline and River Environs zone, and is more particularly described as: Lots 61 and 62, Amended Payette lakes Cottage Sites, situate in a portion of Section 33, T. 19 N., R. 3 E., B.M ., Valley County, Idaho.

Conditions of approval include: 1. The applicant shall provide the City with a .PDF file of the recorded plat or survey immediately

upon recordation.

2. Pursuant to McCall City Code (MCC 9.1.0S.B.2.g), this approval shall become null and void ifthe final plat or survey is not filed with the county recorder within eighteen (18) months of the date of such approval.

Commissioner Williamson made a motion to approve consent agenda item ROS-14-13 with conditions ojapproval. Commissioner Fereday seconded the motion; the motion passed.

5. OLD BUSINESS

6. NEW BUSINESS

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CA-14-04 Code Amendment - Short Term Rentals

Amendment to McCall City Code Title 3, Chapters 2 and 3 to include a definition of short-term rental and clarifying other terms, and amending residential use regulations to require a Conditional Use Permit (CUP) for short-term rentals with occupancy of twenty or more persons.

City Planner James presented the code ordinance amendment. She clarified term definitions, and discussed the conditional use permit process, including costs and opportunities for neighbors to express concerns about these properties.

The Commission asked questions about eighteen month non-conforming use compared to a CUP, if the CUP would be valid after the sale of a property, the number of properties that could be affected by the new code, and how the city decided on the occupancy number.

City Planner James and Community Development Director Groenevelt answered questions. A CUP would continue to be valid for a property after sale of the property, but can be reviewed annually through the business licensing process. There are approximately 170 short term rental properties within McCall city limits. There are six properties, of the 170 within city limits, which would be affected by this code change. The number of short term rentals outside of city limits, but within the McCall Impact Area is unknown. Short term rental properties are required to pay a LOT tax within city limits, therefore the city has kept track of the short term rental properties within the city but not the greater impact area.

Community Development Director Groenevelt spoke about the history of this code amendment, including community complaints, fire code, building code, and how other communities have dealt with this issue. She stressed that this amendment is a balance to solve problems created by residential short term vacation rentals without overregulating them.

The CUP process would give the city an opportunity to mitigate things impacting specific neighborhoods, such as parking, noise complaints, occupancy, etc. Obtaining a business license every year would also give the city a chance to be sure these properties are keeping to conditions of approval within the permitting process; the amendment gives the city tools to ensure future compliance with code enforcement.

The public hearing was opened.

Rick Spade, of 297 & 299 Eastside Drive, first asked if an owner has two lots with separate bills and taxes- would they be treated separately or together. City Planner James answered that they would be treated separately.

IVIr. Spade, who has a couple of these properties, talked about how his place brings in a lot of revenue, and that the people that stay at there don't create problems, and that he keeps it professional. He stated that he's had a lot of problems from a neighboring property, where they split three lots into many.

Dave Holland, of Holland House, stated that he has been surprised by the demand for vacation rentals that are large enough to accommodate whole families. He said that he keeps good watch on

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his place, and has been willing to call the police on his own renters if they are creating problems. He has plenty of parking, and keeps a space for a fire lane with big events. He said that he's not sure that this amendment is the way to go, and that it may make McCall unwelcoming for more people to vacation here.

City Planner James read into the record an email received on November4,2014. Erik Tuft wrote that his family owns a house in McCall where the large family meets for vacation. He said that he and his family enjoy all McCall has to offer, and that he hopes that the City and Commission work with Frank and Kitty Tuft and other home owners potentially affected by this proposal, to keep their homes available for families that require large accommodations.

Margie Elliott, of 661 Woodlands Drive, said that some subdivision HOA's are able to restrict some of their properties with their CC&Rs. She asked how much a CUP costs ($600), and made the point that the cost of a permit is very low considering that one ofthe homes in her neighborhood rents for $575 per night. She also said that these short term rental houses in her subdivision have created numerous problems, and that the issue is an ongoing struggle for her neighborhood. She supports the code amendment in hopes that it will help the city address the conflicts.

The public hearing was closed.

The Commission made comments and asked about carbon monoxide detectors, and how old construction would be affected compared to new construction. The point was made that in the CUP process, the Commission will be able to add specific conditions for a property to address individual property concerns.

Commissioner Williamson made a motion to recommend CA-14-04 for approval to the McCall City

Council and Valley County Commissioners. Commissioner Tunnell seconded the motion; a roll call vote passed the motion unanimously.

DR-14-42, SR-14-12 1512 Warren Wagon Road

Remsberg Architecture P.A. representing Nancy and Ed Johnson: Design Review and Scenic Route applications to build a new 1498 square foot detached garage with sleeping quarters. The property is zoned R4 - Low Density Residential, is within the Shoreline and River Environs zone, and is more particularly described as: Lot 2, Jew's-Harp-Jack's Subdivision, T. 18 N., R. 3 E., B.M., Valley County, Idaho.

Claire Remsberg presented the project, describing the easement that runs through the middle of the property. They are working with Idaho Power to have this easement moved so that the new garage will not be in an easement. The garage will have two bedrooms and a bathroom, but no kitchen. Landscaping will not include anything new; the space for the garage is quite clear and they will replace any vegetation damaged during construction.

Commissioner Williamson asked how many trees had been cut for the space, and Ms. Remsberg replied that only two damaged trees had been removed.

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More questions were asked about the tree line along the edge ofthe property, lot coverage, and square footage.

City Planner James presented the staff report. This included issues about engineering, the easement, and the water source for the house. Ed Johnson stated that the house is on city water, not a well.

The following are conditions of approval: 1. Prior to issuance of a building permit, the applicant shall demonstrate that a private water

source exists on the property and is permitted by the Idaho Department of Water Resources. 2. Prior to issuance of a building permit, the applicant shall provide documentation from Idaho

Power that the existing underground power line easement that transects the proposed building location has been vacated.

3. Pursuant to McCall City Code (MCC 3.16.08), design review approval shall lapse and become void whenever the applicant has not applied for a building permit within one year from the date of initial approval.

Commissioner Thompson asked about the distance from the road to the proposed garage and tree coverage there. Ms. Remsberg answered that it won't change, as they aren't removing any more trees. The public hearing was opened. No public comments were received to date. The public hearing was closed .

Commissioner Williamson made a motion to approve DR-14-42 and SR-14-12 with stated conditions of approval. Commissioner Fereday seconded the motion; the motion passed.

7. OTHER City Planner James reviewed signs recently approved by the City, including Shepherd's Home and Rite Aid. The Commission was in high favor of these sign designs.

The Commission reviewed the 2015 Planning and Zoning meeting schedule. The schedule was approved and all agreed that 5:30 pm was still a good time to start the meetings. All meetings in 2015 will be on the first Tuesday of the month.

City Planner James covered future code revision input planning. There will be a workshop for the design community next month to consider proposed changes to the residential development sta ndards.

City Planner James and the Commission talked about tree preservation and the Fire Wise campaign, and how these two sets of guidelines are conflicting. The Community Development Department has enlisted the help of the McCall Tree Committee to help resolve these issues.

The Commission thanked Chair Kim Apperson for her nine years of service and wished her well, as this was her last meeting.

8. ADJOURNMENT Commissioner Fereday made a motion to adjourn at 7:47 pm. Commissioner Farnsworth seconded the motion; the meeting was adjourned.

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1S&\~~ Delta M. James City Planner

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November 4, 2014 Minutes